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PART III PROCEDURE, 10 ARBITRATOR INDEPENDENCE IN ICSID ARBITRATION

Audley Sheppard

From: International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Edited By: Christina Binder, Ursula Kriebaum, August Reinisch, Stephan Wittich

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 09 May 2021

It is fundamental to due process and confidence in investment treaty arbitration that the arbitrators are independent and impartial. In the 21st century, it is likely that there will be even greater scrutiny of arbitrators’ backgrounds, their relationship with the parties, and any prior writings on the issues in dispute, with a concomitant increase in the challenges to arbitrators on grounds of conflict of interest. This contribution to the Liber Amicorum of Professor Schreuer addresses the issue of arbitrator independence in investment protection arbitration,...
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