File Download

There are no files associated with this item.

  Links for fulltext
     (May Require Subscription)
  • Find via Find It@HKUL
Supplementary

Article: Forged Independence and Impartiality: Conflicts of Interest of International Arbitrators in Investment Disputes

TitleForged Independence and Impartiality: Conflicts of Interest of International Arbitrators in Investment Disputes
Authors
Issue Date2014
PublisherKluwer International.
Citation
Arbitration International, 2014, v. 30 n. 2, p. 189-263 How to Cite?
AbstractThis article represents the first comprehensive analysis of the challenges to the independence and impartiality of international arbitrators in investment disputes. This article evaluates the rules that govern such challenges and asserts that the standards for challenging ICSID arbitrators are not adequate to enable real challenges to arbitrators. Indeed, only one challenge under the ICSID rules has been successful. This in itself is not necessarily problematic assuming the parties agree to dispute settlement with this in mind. This article proposes adjustment of these standards in a variety of ways to help ensure the fairness and perceived fairness of the arbitral process. Finally, this article calls for states and the arbitration community to take steps to combat conflicts of interest of international arbitrators in order to maintain the legitimacy of the regime and to continue to promote growth of the global economy. As the IBA Conflicts of Interest Subcommittee will return to the issue of conflict of interest in international arbitration shortly, this article hopes to influence its efforts, as well as the decisions of states when consenting to arbitration and when considering how to improve the system.
Persistent Identifierhttp://hdl.handle.net/10722/202981
ISSN

 

DC FieldValueLanguage
dc.contributor.authorFry, JDen_US
dc.contributor.authorStampalija, JIen_US
dc.date.accessioned2014-09-19T11:03:52Z-
dc.date.available2014-09-19T11:03:52Z-
dc.date.issued2014en_US
dc.identifier.citationArbitration International, 2014, v. 30 n. 2, p. 189-263en_US
dc.identifier.issn0957-0411-
dc.identifier.urihttp://hdl.handle.net/10722/202981-
dc.description.abstractThis article represents the first comprehensive analysis of the challenges to the independence and impartiality of international arbitrators in investment disputes. This article evaluates the rules that govern such challenges and asserts that the standards for challenging ICSID arbitrators are not adequate to enable real challenges to arbitrators. Indeed, only one challenge under the ICSID rules has been successful. This in itself is not necessarily problematic assuming the parties agree to dispute settlement with this in mind. This article proposes adjustment of these standards in a variety of ways to help ensure the fairness and perceived fairness of the arbitral process. Finally, this article calls for states and the arbitration community to take steps to combat conflicts of interest of international arbitrators in order to maintain the legitimacy of the regime and to continue to promote growth of the global economy. As the IBA Conflicts of Interest Subcommittee will return to the issue of conflict of interest in international arbitration shortly, this article hopes to influence its efforts, as well as the decisions of states when consenting to arbitration and when considering how to improve the system.en_US
dc.languageengen_US
dc.publisherKluwer International.en_US
dc.relation.ispartofArbitration Internationalen_US
dc.titleForged Independence and Impartiality: Conflicts of Interest of International Arbitrators in Investment Disputesen_US
dc.typeArticleen_US
dc.identifier.emailFry, JD: jamesfry@hkucc.hku.hken_US
dc.identifier.emailStampalija, JI: jist@hku.hken_US
dc.identifier.authorityFry, JD=rp01244en_US
dc.identifier.hkuros240033en_US
dc.identifier.volume30en_US
dc.identifier.spage189en_US
dc.identifier.epage263en_US
dc.publisher.placeNetherlands-

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats