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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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‘Pure’ Issue Conflicts in Investment Treaty Arbitration

‘Pure’ Issue Conflicts in Investment Treaty Arbitration

Chapter:
(p.607) 37 ‘Pure’ Issue Conflicts in Investment Treaty Arbitration
Source:
Practising Virtue
Author(s):

Gavan Griffith

Daniel Kalderimis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0038

This chapter addresses ‘issue conflicts’ that may arise out of the arbitrator’s relationship with the subject matter, not the parties, of the case. Such conflicts can arise where the arbitrator is involved as counsel in another case involving the same legal issue; where the arbitrator has expressed opinions on the issues at stake in academic writing; or more generally is challenged on the basis of a commitment or ideas he or she holds in relation to the case. It is argued that commitments to an understanding of what the arbitrator in question considers to be the correct interpretation of the law cannot result in a successful challenge, but that care needs to be taken where what looks like a commitment to the law obscures a lack of openness vis-à-vis one of the parties.

Keywords:   investment treaty arbitration, arbitrators, issue conflicts, bias, conflict of interest

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