Tipping Point Challenges in International Economic Disputes

This article reviews two critical “tipping point” moments in the evolution of international economic law, so-called given the overwhelming response by the international economic law community in each instance suggesting that the moment ought not be repeated as it called into question foundational tenets of the dispute resolution system. In each instance, an adjudicator was dismissed on the basis of his past decision-making, bringing into sharper focus questions about the mandate of the adjudicator and the checks and balances in relation to the adjudicatory role. This article surveys the availability of ethical or other doctrines to guide arbitrators in this respect and calls for change in the interest of preserving the legitimacy of the international economic law adjudicatory systems.