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Introduction, Text and Commentaries
Campbell McLachlan
Published online:

28 October 2021

Print publication:

18 November 2021
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The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

19 - Procedural Fairness, Procedural Impropriety and Natural Justice
from Part III - The Grounds of Judicial Review
Stephen Thomson, City University of Hong Kong
Book:

Administrative Law in Hong Kong

Published online:

12 December 2018

Print publication:

11 October 2018, pp 247-272
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Summary

This chapter gives a detailed discussion of procedural fairness, procedural impropriety and natural justice as grounds of judicial review. It begins with the right to a fair hearing, including the right to an oral hearing and the circumstances in which such a right can be asserted. It then proceeds to examine the right to representation, including legal representation. An overview of the duty of disclosure is given, before the duty to give adequate reasons is examined. Finally, bias and insufficient impartiality are explored, both as encountered in judges and other adjudicators, or in administrative decision-makers.

BIAS IN COLLEGIATE COURTS
Abimbola A. Olowofoyeku
Journal:

International & Comparative Law Quarterly / Volume 65 / Issue 4 / October 2016

Published online by Cambridge University Press:

09 September 2016, pp. 895-926

Print publication:

October 2016
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This article addresses the issues attending common law collegiate courts' engagements with allegations of bias within their own ranks. It will be argued that, in such cases, it would be inappropriate to involve the collegiate panel or any member thereof in the decision, since such involvement inevitably encounters difficulties. The common law's dilemmas require drastic solutions, but the common law arguably is ill-equipped to implement the required change. The answer, it will be argued, is legislation.