In Memory of Guillermo Aguilar Álvarez
Karim A Youssef, CEO of Youssef + Partners, has recently contributed to the publication of the book “Arbitration Beyond Borders” with his chapter titled “Against Stigma: How to Refute Negative Perception and Self-Reproach in Investment Treaty Arbitration and Fight Stigma in the Age of Global Arbitration”.
Stigma is a significant issue in international arbitration, and its impact can transcend the confines of the arbitration system. As Youssef points out, it is a dangerous phenomenon, and addressing it is critical, if not existential, for the future of international arbitration. It is an attack not only on the arbitration process itself but also on the very essence of arbitration. In his chapter, Youssef aims to confront the notion of stigma in international arbitration, refuting it and confirming its failures. He argues that the fight against stigma is crucial to the success of investment treaty arbitration in promoting impartial and fair adjudication of disputes. By addressing this issue and seeking to unroot it at its very core, Youssef’s chapter offers valuable insights and analysis into how investment treaty arbitration can become a more effective means of dispute resolution.
“Stigma is doomed to fail because it is deficient as a concept and is futile. Stigmatic arguments are simplistic and invariably inaccurate or wrong. Stigma fails because it is disengaged from reality and disconnected from any true understanding of global arbitration. Stigma and stigmatizers simply have no place in the age of global arbitration.”- (Youssef,2023)
Youssef, K. A. (2023). Against Stigma: How to Refute Negative Perception and Self-Reproach in Investment Treaty Arbitration and Fight Stigma in the Age of Global Arbitration. In Arbitration Beyond Borders. essay, Kluwer Law International B.V.
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