Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 63
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Annulment applications by States on the ground of bias have in many instances been rejected. In one case, the State argued for the recusal of an arbitrator on the ground that the award would be used to further the arbitrator's argument as counsel in another case. The State lost. An issue of bias also arises where an arbitrator has an interest in the investor's business. In one such case, the State's application to annul the award was rejected because there was "no material effect on the final decision of the Tribunal, which was in any event unanimous".
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Governance & Rule of Law
Person(s) affected
N.A.
Year
2014
Paragraph type
Other
Reference
SR Health, Report to the UNGA (2014), A/69/299, para. 63.