This blog was originally published on Illuminem, and has been co-authored with Rhian-Mari Thomas. She is the CEO...
Financing Climate & Sustainable Development / Report
Diagnosing how the sovereign ceiling functions as a simplifying shortcut that can obscure meaningful differences across borrowers, and proposing an alternative credit rating approach based on disaggregating sovereign risk into specific transmission channels.
Prof. Smit has expressed the view that eliminating party-appointed arbitrators would be beneficial for the integrity of the dispute settlement mechanism, especially in the investment field, because it would avoid any doubt of partiality and complacency. The author argues that these concerns can be met by the application of conflict-of-interest rules, obligations to disclose and oversight by arbitral institutions while retaining the appointment of arbitrators by parties as an essential valuable feature of arbitration as opposed to adjudication.
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