Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/253869 
Year of Publication: 
2011
Series/Report no.: 
Columbia FDI Perspectives No. 35
Publisher: 
Columbia University, Vale Columbia Center on Sustainable International Investment (VCC), New York, NY
Abstract: 
Prof. Smit has expressed the view that eliminating party-appointed arbitrators would be beneficial for the integrity of the dispute settlement mechanism, especially in the investment field, because it would avoid any doubt of partiality and complacency. The author argues that these concerns can be met by the application of conflict-of-interest rules, obligations to disclose and oversight by arbitral institutions while retaining the appointment of arbitrators by parties as an essential valuable feature of arbitration as opposed to adjudication.
Document Type: 
Research Report

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