Key Duties of International Investment Arbitrators: A Transnational Study of Legal and Ethical Dilemmas

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.