Part III Procedural Issues, Ch.20 Independence, Impartiality, and Duty of Disclosure of Arbitrators

Subject(s):

UNCITRAL Arbitration Rules — UNCITRAL Model Law — Arbitrators — NAFTA (North American Free Trade Agreement) — ECT (Energy Charter Treaty)

This chapter provides an overview of the issues of independence and impartiality of members of investment tribunals and offers some further reflections on this subject. Section 1 reviews ICSID provisions on the methodology of appointment of arbitrators and their independence and impartiality, and provides a summary review of some available precedents in investment arbitrations (under ICSID, UNCITRAL, and ad hoc proceedings). Section 2 examines how the question is treated by reference to a sample of institutional rules, model laws, and professional guidelines. Section 3 analyses the approach adopted under the practice directions of the International Court of Justice. Section 4 provides an overview of the NAFTA and WTO codes of conduct. Section 5 contains a summary review of national laws on the subject, while Section 6 looks at the contribution of professional associations. The concluding section compares these rules to assess the extent to which they can provide a model for investment arbitration. Finally, some preliminary conclusions and recommendations are put forward.