Jump to ContentJump to Main Navigation
Practising VirtueInside International Arbitration$
Users without a subscription are not able to see the full content.

David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 September 2020

‘Pure’ Issue Conflicts in Investment Treaty Arbitration

‘Pure’ Issue Conflicts in Investment Treaty Arbitration

(p.607) 37 ‘Pure’ Issue Conflicts in Investment Treaty Arbitration
Practising Virtue

Gavan Griffith

Daniel Kalderimis

Oxford University Press

This chapter addresses ‘issue conflicts’ that may arise out of the arbitrator’s relationship with the subject matter, not the parties, of the case. Such conflicts can arise where the arbitrator is involved as counsel in another case involving the same legal issue; where the arbitrator has expressed opinions on the issues at stake in academic writing; or more generally is challenged on the basis of a commitment or ideas he or she holds in relation to the case. It is argued that commitments to an understanding of what the arbitrator in question considers to be the correct interpretation of the law cannot result in a successful challenge, but that care needs to be taken where what looks like a commitment to the law obscures a lack of openness vis-à-vis one of the parties.

Keywords:   investment treaty arbitration, arbitrators, issue conflicts, bias, conflict of interest

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .