International Law

Arbitrators Standards of Conduct

Investment treaties such as NAFTA, several U.S. Free Trade Agreements and bilateral investment agreements have introduced the prospect for open tribunal hearings and a number of other transparency and accountability procedures into investment treaty arbitration. To address these innovations, the International Dispute Resolution Committee of the International Law Section of the D.C. Bar has established a Working Group on Practical Aspects of Transparency and Accountability Issues in Investment Treaty Arbitration.

In one of its first steps, the working group has prepared a comparison chart summarizing the arbitration disclosure and conflicts rules for a number of arbitration regimes—among them the ICSID procedures, the WTO Rules of Conduct, the NAFTA Code of Conduct, the IBA Guidelines for Conflicts of Interest, the AAA/ABA Code of Ethics for Arbitrators and the ICC Rules of Arbitration. This comparison was occasioned by the release from ICSID of a number of proposals for changes in the framework of ICSID investment treaty arbitration, including the possible introduction of a code of conduct for arbitrators. The working group is grateful to Earl McLaren and Omar Garcia–Bolivar for taking the time to lead the effort to develop the Chart.

Comparison Chart on Arbitrators Standard of Conduct
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If you wish more information about the activities of the Working Group or the International Dispute Resolution Committee, please contact either Mark Kantor, or Jean Kalicki.