GAR Publishes Akin Chapter on Ethical Challenges in Investor-State Disputes
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Global Arbitration Review (GAR) has published “Mapping the Ethical Fault Lines in Investor-State Disputes,” a chapter by international arbitration partners Dr. Kabir Duggal and Felipe Nazar Pagani and counsel Matheus Bastos Oliveira, in the third edition of The Guide to Investment Treaty Protection and Enforcement.
In the chapter, the authors examine the evolving ethical framework governing investor-state dispute settlement (ISDS), including the obligations of parties, counsel, arbitrators, experts, witnesses and third-party funders.
They argue that the objective of ethical regulation is “not uniformity for its own sake,” but rather to ensure that ethical standards remain “sufficiently clear, credible and enforceable to sustain confidence in the fairness and legitimacy of ISDS as a system of adjudication.”
The authors also explore how ethical issues arise within a complex network of arbitral rules, institutional guidelines, domestic professional obligations and soft-law instruments, as well as emerging questions surrounding the use of artificial intelligence in ISDS proceedings.
The full chapter is available here.
