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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Issue Conflict: International Arbitration

Lucy Reed, Dafina Atanasova

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 21 June 2021

Subject(s):
Judicial independence/impartiality — Conflict of interests — Ethical standards — Precedent

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 ‘Issue conflict’ refers to a situation in which there is an appearance of bias on the part of an adjudicator based on his or her commitment to a particular idea, related to a material issue in dispute. Issue conflict is often defined by opposition to the more well-known situation where an adjudicator’s potential interest in the outcome of the dispute warrants disqualification on the basis of a conflict of interests. 2 In terms of a positive definition, a now classic quote from HE Judge Tomka in CC/Devas v India on the meaning of issue conflict in arbitration...
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