Can a person simultaneously act as counsel and arbitrator? Can an arbitrator have too many appointments? Will artificial intelligence write awards? In this book, we seek to provide an in-depth analysis of key ethics issues that have arisen in the process of reforming investor-state dispute settlement in Working Group III of the United Nations Commission of International Trade Law (UNCITRAL). This comprehensive study of ethical requirements is written by leading experts in the field and discusses key issues, including the UNCITRAL Codes of Conduct, double-hatting, issue conflicts, and many others. The book fills a gap in the literature and offers both practitioners and academics the necessary tools to navigate the complex landscape of ethical considerations in investment dispute settlement.
List of Figures and Tables
1 Introduction: Ethics in Investor-State Dispute Settlement
Chiara Giorgetti and Catharine Titi
2 Reaping the First Fruits of the UNCITRAL ISDS Reform Initiative: the Codes
of Conduct for Adjudicators
Natalie Y. Morris-Sharma and Kexian Ng
3 Political Success, Legal Failure? Double-Hatting in Investment Arbitration
Reform
Malcolm Langford
4 The Impact on Diversity of the Modified Prohibition on Multiple Roles in
the UNCITRAL-ICSID Code of Conduct
Arman Sarvarian
5 Issue Conflicts: Familiar Challenges, New Horizons
Craig D. Gaver
6 Repeat Appointments
Randi Ayman and Celeste Mowatt
7 The Empirics of Arbitrator Challenges in Investor-State Disputes
Catherine Rogers, Marios Tokas, Fahira Brodlija and Nazlicicek Semercioglu
8 Artificial Intelligence in Investor State Dispute Settlement: a New World
of Ethical Challenges for Legal Stakeholders?
Katia Fach Gómez
Index
Chiara Giorgetti, JSD, is tenured Professor at Richmond Law School, Senior Fellow - International Claims and Reparations Project at Columbia Law School and Vice Chair of the Board of the Register of Damages for Ukraine. She has written extensively on international law and international dispute resolution, including ethics.
Catharine Titi, Dr iur., is a Research Associate Professor at the French National Centre for Scientific Research. She has published many books, including The Function of Equity in International Law (OUP 2021) and The Parthenon Marbles and International Law (Springer 2023).
