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Key Duties of International Investment Arbitrators

- A Transnational Study of Legal and Ethical Dilemmas
Af: Katia Fach Gomez Engelsk Hardback

Key Duties of International Investment Arbitrators

- A Transnational Study of Legal and Ethical Dilemmas
Af: Katia Fach Gomez Engelsk Hardback
Tjek vores konkurrenters priser

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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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.

Produktdetaljer
Sprog: Engelsk
Sider: 222
ISBN-13: 9783319981277
Indbinding: Hardback
Udgave:
ISBN-10: 3319981277
Udg. Dato: 12 nov 2018
Længde: 0mm
Bredde: 155mm
Højde: 235mm
Forlag: Springer International Publishing AG
Oplagsdato: 12 nov 2018
Forfatter(e): Katia Fach Gomez
Forfatter(e) Katia Fach Gomez


Kategori Voldgift, mediering og alternativ konfliktløsning


ISBN-13 9783319981277


Sprog Engelsk


Indbinding Hardback


Sider 222


Udgave


Længde 0mm


Bredde 155mm


Højde 235mm


Udg. Dato 12 nov 2018


Oplagsdato 12 nov 2018


Forlag Springer International Publishing AG

Kategori sammenhænge