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This essay outlines a quandary facing international investment dispute settlement (IIDS): the tension between the wish to curb “dual hatting” and the wish to increase the diversity of those appointed as arbitrators in IIDS cases. Thoughtful observers are concerned by the effect on IIDS, either in fact or as a matter of appearance, of lawyers who wear “dual hats”—one as arbitrator in IIDS cases, and a second as counsel representing clients in other IIDS matters. Concurrently, other thoughtful observers are concerned that appointments to IIDS predominantly go to a small cadre of established arbitrators caricatured as “pale, male and stale.” This concern has prompted efforts to increase the pool of female and minority arbitrators. However, these individuals would be drawn primarily from the ranks of younger practicing lawyers who must continue to practice unless and until they receive sufficient appointments to make full-time service as arbitrators economically feasible.
I want to raise a quandary facing international investment dispute settlement: the tension between the wish to curb “dual hatting” and the wish to increase the diversity of persons appointed as arbitrators.
John Crook's remarks highlighted key recurring problems faced by mass claims programs. His remarks drew on his personal experience, but also on the writings of experts who have designed and administered mass claims programs, notably Dr. Norbert Wühler, whose visa apparently fell victim to “extreme vetting” because of his work for the International Organization for Migration (IOM) on a mass claims program in Iraq.