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Remarks on Arbitrators' Independence, Impartiality and Duty to Disclose in Investment Arbitration

Remarks on Arbitrators' Independence, Impartiality and Duty to Disclose in Investment Arbitration © Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157180309X399663 Th e Law and Practice of International Courts and Tribunals 7 (2008) 351–356 Remarks on Arbitrators’ Independence, Impartiality and Duty to Disclose in Investment Arbitration Loretta Malintoppi Eversheds LLP, Paris I would like to shift the focus of the debate to the topic of independence and impartiality of international arbitrators which presents some unique features. For reasons of time, I will limit my comments to a number of discrete points, with particular respect to investment arbitration. Over the last decade, the debate regarding confl icts of interest and impartiality of arbitrators in the fi eld of international arbitration has become quite lively. Th is, in my view, is due more to the extraordinary growth of arbitration than to an actual increase in the number of arbitra- tors’ challenges. With arbitration becoming more wide-spread and more practitioners from diff erent legal cultures getting involved in this fi eld, more tactical – and sometimes questionable – objections to the appoint- ment or confi rmation of arbitrators are being raised. Th e landscape of international arbitration has particularly been aff ected by the proliferation of investment treaty disputes. Since these cases involve States, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

Remarks on Arbitrators' Independence, Impartiality and Duty to Disclose in Investment Arbitration

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Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
DOI
10.1163/157180309X399663
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157180309X399663 Th e Law and Practice of International Courts and Tribunals 7 (2008) 351–356 Remarks on Arbitrators’ Independence, Impartiality and Duty to Disclose in Investment Arbitration Loretta Malintoppi Eversheds LLP, Paris I would like to shift the focus of the debate to the topic of independence and impartiality of international arbitrators which presents some unique features. For reasons of time, I will limit my comments to a number of discrete points, with particular respect to investment arbitration. Over the last decade, the debate regarding confl icts of interest and impartiality of arbitrators in the fi eld of international arbitration has become quite lively. Th is, in my view, is due more to the extraordinary growth of arbitration than to an actual increase in the number of arbitra- tors’ challenges. With arbitration becoming more wide-spread and more practitioners from diff erent legal cultures getting involved in this fi eld, more tactical – and sometimes questionable – objections to the appoint- ment or confi rmation of arbitrators are being raised. Th e landscape of international arbitration has particularly been aff ected by the proliferation of investment treaty disputes. Since these cases involve States,

Journal

The Law & Practice of International Courts and Tribunals – Brill

Published: Jan 1, 2008

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