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 issue15REGULATION AND FOREIGN INVESTMENT: THE BILATERAL INVESTMENT TREATIES AND THE FAIR AND EQUITABLE STANDARDPARTIES IN ICSID ARBITRATION author indexsubject indexarticles search
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International Law

Print version ISSN 1692-8156

Abstract

ESCOBAR-MARTINEZ, Lina Marcela. INDEPENDENCE, IMPARTIALITY AND CONFLICT OF INTERESTS OF THE ARBITRATOR. Int. Law: Rev. Colomb. Derecho Int. [online]. 2009, n.15, pp.181-214. ISSN 1692-8156.

Bearing in mind the special character Arbitration has, the question arises as to whether the arbitrator, as the judge, shall be impartial and independent. If so, it is necessary to address to the issue of the meaning of the words impartiality and independence, as well as to determine why it is considered that judges shall fulfill with those conditions. Finally, it is relevant to establish how these requirements are materialized in Arbitration.

Keywords : Impartiality; Independence; Arbitrator; Conflict of Interests; Judicial Objectivity; Judicial Subjectivity; Commercial Arbitration; Judges; Administration of Justice.

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