- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
Abstract and Keywords
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.
Loretta Malintoppi, Of Counsel, Eversheds, Paris
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