Overview

This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate​ the duty of diligence​ and integrity​, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour​ the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training​. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a numberof ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these​ duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

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9783319981277

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Because arbitrators have become powerful actors in the realm of international justice, closer scrutiny of the ethics surrounding their appointment and their adjudicative work is both inevitable and welcome. This balanced and careful study of the duties of investment arbitrators is deeply informed by practice and comes at a key juncture in the development of ISDS. Katia Fach Gomez gives us an excellent tool in the current search for consensus on the future of ISDS. Anqi Wang, World Trade Institute, University of Bern, in: Chinese Journal of International Law, May 2019 This book provides a nuanced and careful analysis of the ethical dilemmas found in investment adjudication. The author alternates judicious criticism and detailed reform proposals. Without falling into a Manichean trap, the book presents a laudable exercise of constructive criticism. Anyone interested in the present and future of international investment adjudication should read it and accept its invitation to revisit and re-imagine the professional obligations of investment arbitrators and their duties to stakeholders of the investment system. Fabien Gelinas, Sir William C. Macdonald Professor of Law and Norton Rose Fulbright Faculty Scholar in Arbitration and Commercial Law at McGill University

Because arbitrators have become powerful actors in the realm of international justice, closer scrutiny of the ethics surrounding their appointment and their adjudicative work is both inevitable and welcome. This balanced and careful study of the duties of investment arbitrators is deeply informed by practice and comes at a key juncture in the development of ISDS. Katia Fach Gomez gives us an excellent tool in the current search for consensus on the future of ISDS. Fabien Gelinas, Sir William C. Macdonald Professor of Law and Norton Rose Fulbright Faculty Scholar in Arbitration and Commercial Law at McGill University This book provides a nuanced and careful analysis of the ethical dilemmas found in investment adjudication. The author alternates judicious criticism and detailed reform proposals. Without falling into a Manichean trap, the book presents a laudable exercise of constructive criticism. Anyone interested in the present and future of international investment adjudication should read it and accept its invitation to revisit and re-imagine the professional obligations of investment arbitrators and their duties to stakeholders of the investment system. Andi Wang, World Trade Institute, University of Bern, in: Chinese Journal of International Law, May 2019.

Because arbitrators have become powerful actors in the realm of international justice, closer scrutiny of the ethics surrounding their appointment and their adjudicative work is both inevitable and welcome. This balanced and careful study of the duties of investment arbitrators is deeply informed by practice and comes at a key juncture in the development of ISDS. Katia Fach Gomez gives us an excellent tool in the current search for consensus on the future of ISDS. Fabien Gelinas, Sir William C. Macdonald Professor of Law and Norton Rose Fulbright Faculty Scholar in Arbitration and Commercial Law at McGill University

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