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Key Duties of International Investment Arbitrators - A Transnational Study of Legal and Ethical Dilemmas (Hardcover, 1st ed. 2019)
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Key Duties of International Investment Arbitrators - A Transnational Study of Legal and Ethical Dilemmas (Hardcover, 1st ed. 2019)
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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.
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