This section discusses the ways in which arbitral tribunals considered community perspectives in the cases reviewed. It identifies four interlinked problems that affect the arbitration process, and discusses them in the following sections:
1. Community perspectives tend to receive little attention in arbitral awards.
2. This is partly because the arrangements for communities to make submissions to tribunals do not ensure effective participation.
3. Arguably, it also reflects a gulf between the tribunals’ legalistic approach and the complex sociopolitical reality of community relations.
4. This situation can create problems where tensions arise between protecting investments and enabling communities to have their demands met.