Abstract:
In an age of accelerated globalisation, International Investment Law is at the centre of political and academic debates. A case in point is the mounting criticism regarding the perceived moral hazards affecting investment lawyers. The exercise of functions in this field does not require exclusivity and therefore lawyers may one day act as counsel and the next decide a dispute as arbitrator or discuss the issue as academic. This raises concern that individuals might misuse their role in one job for the benefit of another. The decision-making process may be tainted by ‘role confusion’ resulting from diverse professional commitments. Almost two decades ago, Professor Sornarajah warned that private companies can use
investment arbitration to further their goals and that scholars may be at the service of such powerful interests. It is important to have a discussion about the influence of the arbitration industry on scholarly research and legal teaching. Are scholars in this field allowing personal and professional biases and interests shape their teaching and research activities? Are they instilling their own beliefs and values in their students? Are scholars (in particular younger ones) free to address issues with a fresh, open mind, or do they feel pressure to conform to mainstream academic discourse in order to advance their academic careers? Are scholars trying to echo the positions espoused by the arbitration elite so as to become members of the epistemic community with the ability to influence policy and shape jurisprudence?
Speaker:
Prof. Fernando Dias Simões, Associate Professor, Faculty of Law, CUHK