This panel will be divided into two segments. The first segment will revisit the debate on the unilateral appointment of arbitrators. Is this practice compatible with the duty of impartiality? What is the role of party-appointed arbitrators? Is there a consensus as to what that role is? Or is there a divide between theory and practice? The debate will cover recent developments in this area, including research into unconscious bias, rules on blind appointment, and recent surveys on the matter.
The second segment will discuss the UNCITRAL project to reform the system of investor-State arbitration by creating a multilateral investment court. Why did this project come into being? Is there a connection between the problem of party appointment and the investment court project? Does the project go too far or not far enough? What are the options under consideration and the possible outcomes?
Join some of the world’s finest arbitration practitioners on a debate about defining issues in this field.
- Jan Paulsson, Three Crowns
- Gary Born, WilmerHale
- Salim Moollan QC, Essex Court Chambers
- María Beatriz Burghetto, Independent arbitrator
- Gustavo Laborde, Laborde Law