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The UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution: An Article-by-Article Commentary


ISBN13: 9789403521787
To be Published: August 2025
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £157.00



The UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution, written by experts active in its drafting and negotiation, is the first article-by-article commentary on the Code and presents an in-depth discussion of the Code’s preparatory work, the negotiations and each provision. The UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution is the first and most significant element of the important process of reform in investor-State dispute settlement (ISDS).

What’s in this book:

A comprehensive examination of independence, impartiality, and ethics in ISDS, the commentary includes wide-reaching consideration of essential aspects of the Code, including:

  • rationales for each provision
  • tensions and concerns that each provision addresses
  • critical ethical issues such as double-hatting and repeat appointments
  • disclosure requirements
  • regulations on issues related to confidentiality
  • duties of diligence, integrity and competence
  • lessons learned from the drafting and negotiations
  • engagement with the viewpoints of States and other stakeholders, and
  • accomplishments and potential shortcomings

This timely and detailed analysis of one of the key instruments of ISDS reform demonstrates that the Code reflects the most recent trends in the practice of international investment arbitration.

How this will help you:

The Commentary will surely provide an essential guide to practitioners, parties, and other stakeholders involved in ISDS proceedings through the issues and cases relating to arbitrator ethics.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword
Preface
UNCITRAL: Code of Conduct for Arbitrators in International Investment Dispute Resolution
Resolution Adopted by the General Assembly on 7 December 2023
ARTICLE 1. Definitions
Maria Chiara Malaguti
ARTICLE 2. Application of the Code
Karin L. Kizer
ARTICLE 3. Independence and Impartiality
Michele Potesta & Laura Zinnerman
ARTICLE 4. Limit on Multiple Roles
Chiara Giorgetti
ARTICLE 5. Duty of Diligence
Jaroslav Kudrna & Tereza Ševcíková
ARTICLE 6. Integrity and Competence
Crina Baltag
ARTICLE 7. Ex Parte Communications
Arman Sarvarian
ARTICLE 8. Confidentiality
Margie-Lys Jaime
ARTICLE 9. Arbitrator’s Fees and Expenses
Jaemin Lee
ARTICLE 10. Assistant
Mairée Uran Bidegain
ARTICLE 11. Disclosure Obligations
Chester Brown
ARTICLE 12. Article 12 of the Code of Conduct: Compliance (or Lack Thereof) with the Code
Jarrod Wong

Bibliography
Table of Cases
Table of Treaties