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.
