Part II Guide to Key Preliminary and Procedural Issues, 8 Challenges of Arbitrators in Investment Arbitration: Still Work in Progress?
Loretta Malintoppi, Alvin Yap
From: Arbitration Under International Investment Agreements: A Guide to the Key Issues (2nd Edition)
Edited By: Katia Yannaca-Small
The independence and impartiality of arbitrators continue to be an actively debated issue, partly due to the perceived opaqueness and inconsistency of challenge decisions and the standards to be applied to those challenges. This has in turn elicited responses on three fronts, each of which is addressed in this chapter. First, arbitral institutions have recently either revised their rules and practices or introduced more innovative approaches to challenges of arbitrators. This is mirrored by the adoption of dedicated guidelines by professional associations on issues relating to conflicts of interests of arbitrators. Second, some States have introduced their own codes of conduct for arbitrators in bilateral and multilateral investment treaties and in the investment chapters of free trade agreements, which are designed to take precedence over the institutional rules governing the arbitration. Third, changes in the way challenges are being decided by arbitrators and appointing authorities have also emerged.