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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