The 2023 UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution

The 2023 UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution, written by experts active in its drafting and negotiation, is the first article-by-article commentary on the Code and presents an in-depth discussion of the Code’s preparatory work, the negotiations and each provision. The UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution is the first and most significant element of the important process of reform in investor-State dispute settlement (ISDS). 

A comprehensive examination of independence, impartiality, and ethics in ISDS, the commentary includes wide-reaching consideration of essential aspects of the Code, including:
- rationales for each provision;
- tensions and concerns that each provision addresses;
- critical ethical issues such as double-hatting and repeat appointments;
- disclosure requirements;
- regulations on issues related to confidentiality;
- duties of diligence, integrity and competence;
- lessons learned from the drafting and negotiations;
- engagement with the viewpoints of States and other stakeholders; and
- accomplishments and potential shortcomings.

This timely and detailed analysis of one of the key instruments of ISDS reform demonstrates that the Code reflects the most recent trends in the practice of international investment arbitration. 

The Commentary will surely provide an essential guide to practitioners, parties, and other stakeholders involved in ISDS proceedings through the issues and cases relating to arbitrator ethics.