Article

Independence, Impartiality, and Duty of Disclosure of Arbitrators.

Loretta Malintoppi

in The Oxford Handbook of International Investment Law

Published in print June 2008 | ISBN: 9780199231386
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199231386.013.0020

Series: Oxford Handbooks in Law

Independence, Impartiality, and Duty of Disclosure of Arbitrators.

Preview

The purpose of this article is to provide an overview of the issues of independence and impartiality of members of investment tribunals. It reviews International Centre for Settlement of Investment Disputes (ICSID) provisions on the methodology of appointment of arbitrators and their independence and impartiality. It provides a summary of some available precedents in investment arbitrations and examines how the question is treated by reference to a sample of institutional rules, model laws, and professional guidelines. It analyses the approach adopted under the practice directions of the International Court of Justice and provides an overview of the WTO codes of conduct. This article looks at the contribution of professional associations and concludes that these rules are compared to assess to what extent they can provide a model for investment arbitration with some preliminary conclusions and recommendations.

Keywords: independence; impartiality; investment arbitrations; International Centre for Settlement of Investment Disputes

Article.  19281 words. 

Subjects: Law ; International Law

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