Key Duties of International Investment Arbitrators: A Transnational Study of Legal and Ethical Dilemmas

Description

This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate​ the duty of diligence​ and integrity​, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour​ the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training​. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these​ duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis. Front Matter ....Pages i-xvii Introduction. A Transnational Study of Legal and Ethical Dilemmas (Katia Fach Gómez)....Pages 1-24 The Duty of Disclosure: An Overview (Katia Fach Gómez)....Pages 25-77 The Duty of Disclosure and Conflicts of Interest in Investment Arbitration Disputes (Katia Fach Gómez)....Pages 79-121 The Duty of Personal Diligence and Integrity (Katia Fach Gómez)....Pages 123-159 The Duty of Confidentiality (Katia Fach Gómez)....Pages 161-176 Other Duties. Control of Arbitration Costs and Continuous Training (Katia Fach Gómez)....Pages 177-189 Conclusion. A New Code of Conduct for Present and Future Investment Adjudicators (Katia Fach Gómez)....Pages 191-203 Back Matter ....Pages 205-222