Introduction

(Note: minor update July 2009). The scale and scope of investment arbitration has accelerated in recent years far beyond what anyone would have predicted 15 or 20 years ago. A commensurate trend has been the rise in the regularity with which those sitting as arbitrator in such arbitrations have been challenged as not being impartial or independent. Unrelated factors such as increasingly internationally-active businesses and global law firms have contributed significantly to the pressures in this area. The opportunity to challenge and disqualify an arbitrator is ...