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Key Duties of International Investment Arbitrators

A Transnational Study of Legal and Ethical Dilemmas

Authors: Fach Gómez, Katia

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  • First book to deal extensively with investment arbitrators’ duties from an international perspective
  • Deals with a highly topical issue, which is currently becoming more important and will undoubtedly continue to do so in the near future
  • Written by experienced author, specialising in the international investment arbitration field from both a practical and scholarly perspective
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eBook 91,62 €
price for Spain (gross)
  • ISBN 978-3-319-98128-4
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 114,39 €
price for Spain (gross)
  • ISBN 978-3-319-98127-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

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.

Reviews

“Because arbitrators have become powerful actors in the realm of international justice,  closer scrutiny of the ethics surrounding their appointment and their adjudicative work is both inevitable and welcome.  This balanced and careful study of the duties of investment arbitrators is deeply informed by practice and comes at a key juncture in the development of ISDS. Katia Fach Gómez gives us an excellent tool in the current search for consensus on the future of ISDS.”

Fabien Gélinas, Sir William C. Macdonald Professor of Law and Norton Rose Fulbright Faculty Scholar in Arbitration and Commercial Law at McGill University


Table of contents (7 chapters)

Table of contents (7 chapters)

Buy this book

eBook 91,62 €
price for Spain (gross)
  • ISBN 978-3-319-98128-4
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 114,39 €
price for Spain (gross)
  • ISBN 978-3-319-98127-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Key Duties of International Investment Arbitrators
Book Subtitle
A Transnational Study of Legal and Ethical Dilemmas
Authors
Copyright
2019
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-319-98128-4
DOI
10.1007/978-3-319-98128-4
Hardcover ISBN
978-3-319-98127-7
Edition Number
1
Number of Pages
XVII, 222
Topics