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Key Duties of International Investment Arbitrators : A Transnational Study of Legal and Ethical Dilemmas / / by Katia Fach Gómez



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Autore: Fach Gómez Katia Visualizza persona
Titolo: Key Duties of International Investment Arbitrators : A Transnational Study of Legal and Ethical Dilemmas / / by Katia Fach Gómez Visualizza cluster
Pubblicazione: Cham : , : Springer International Publishing : , : Imprint : Springer, , 2019
Edizione: 1st ed. 2019.
Descrizione fisica: 1 online resource (230 pages)
Disciplina: 347.09
Soggetto topico: Mediation
Dispute resolution (Law)
Arbitration (Administrative law)
International law
Trade regulation
Business enterprises - Finance
Law - Europe
Private international law
Conflict of laws
Comparative law
Financial services industry
Dispute Resolution, Mediation, Arbitration
International Economic Law, Trade Law
Corporate Finance
European Law
Private International Law, International and Foreign Law, Comparative Law
Financial Services
Nota di contenuto: 1 Introduction. A Transnational Study of Legal and Ethical Dilemmas -- 2 The Duty of Disclosure: An Overview -- 3 The Duty of Disclosure and Conflicts of Interest in Investment Arbitration Disputes -- 4 The Duty of Personal Diligence and Integrity -- 5 The Duty of Confidentiality -- 6 Other Duties. Control of Arbitration Costs and Continuous Training -- 7 Conclusion. A New Code of Conduct for Present and Future Investment Adjudicators.
Sommario/riassunto: This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity , which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training . Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.
Titolo autorizzato: Key duties of International Investment Arbitrators  Visualizza cluster
ISBN: 3-319-98128-5
Formato: Materiale a stampa
Livello bibliografico Monografia
Lingua di pubblicazione: Inglese
Record Nr.: 9910337830303321
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