Putting TRAC to Work
  Legal and Scholarly
Michigan Journal of International Law

Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform
By Thomas D. Grant, University of Cambridge and F. Scott Kieff, George Washington Law School

To take U.S. federal jurisdiction as a comparison, it covers a significantly wider variety of subject matter than ISDS, supplying vastly more causes of action to vastly more diverse potential claimants. Yet, the federal appointing authority (the President, subject to advice and consent of the Senate) has managed to identify, out of a pool of 330 million people, some 870 individuals suitable to carrying out the functions of Article III judges. While workload among U.S. federal judges varies, we venture that the disparities are nothing like in ISDS: It is not a mere four percent of federal judges who work on over one-third of the cases........[Citing TRAC data and research].

Transactional Records Access Clearinghouse, Syracuse University
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