Introduction

The discussion so far has related to the extent to which an active practice as counsel would be disqualifying for service as an arbitrator, with possible distinctions between investment treaty arbitration and international commercial arbitration. As the Working Group for the IBA recognized when drafting their new Guidelines, the standards for arbitrator disclosure and conflicts are also affected by the extent to which the application of those standards is public. The IBA Working Group is pressing for more publication in that regard. Some institutions, like the LCIA, are ...