Daniel Behn, Ole Christian Fauchald and Malcom Langford have authored “The Legitimacy of
Investment Arbitration”, due for publishing by Cambridge University Press in January 2022.
International investment arbitration remains one of the most controversial areas of globalisation
and international law. This book provides a fresh contribution to the debate by adopting a
thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative
and computational methods, the contributors interrogate claims and counter-claims about
the regime’s legitimacy. The result is a nuanced picture about many of the critiques lodged
against the regime, whether they be bias in arbitral decision-making, close relationships
between law firms and arbitrators, absence of arbitral diversity, and excessive compensation.
The book comes at a time when several national and international initiatives are under way to
reform international investment arbitration.
