Introduction

(Revised version - October 2009): Published in 2004, the IBA Guidelines on Conflicts of Interest in International Arbitration (the "IBA Guidelines") purport to "equally apply to other types of arbitration, such as investment arbitrations (insofar as these may not be considered as commercial arbitrations)."[1] This statement presupposes that the practice of investment treaty arbitration does not give rise to its own unique conflict issues that would warrant guidelines specifically drafted and applicable to such practice. Yet as some of the recent decisions on arbitrator challenges ...