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Issue Conflicts: A Net Cast Too Wide?

Issue Conflicts: A Net Cast Too Wide? The possibility that arbitrators entrusted with resolving investment disputes may have so-called ‘issue-conflicts’ has provoked some angry criticism, contentious debate, awardannulments, and fledgling prohibitions. The discussion and current thinking appear to overlook the consequences stemming from adopting general prohibitions which are not justified in many cases. This essay calls for calm, sober, analysis to frame the matter objectively and to ensure that the measures adopted are not overly and unnecessarily prohibitive: a net cast too wide. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png BCDR International Arbitration Review Kluwer Law International

Issue Conflicts: A Net Cast Too Wide?

BCDR International Arbitration Review , Volume 6 (1): 20 – Jun 1, 2021

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Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
2352-7374
Publisher site
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Abstract

The possibility that arbitrators entrusted with resolving investment disputes may have so-called ‘issue-conflicts’ has provoked some angry criticism, contentious debate, awardannulments, and fledgling prohibitions. The discussion and current thinking appear to overlook the consequences stemming from adopting general prohibitions which are not justified in many cases. This essay calls for calm, sober, analysis to frame the matter objectively and to ensure that the measures adopted are not overly and unnecessarily prohibitive: a net cast too wide.

Journal

BCDR International Arbitration ReviewKluwer Law International

Published: Jun 1, 2021

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