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Arbitrator Independence and Impartiality: Examining …

Nathalie Bernasconi-Osterwalder Lise Johnson Fiona Marshall IV Annual Forum for Developing Country Investment Negotiators Background Papers New Delhi, 27-29 October 2010 Arbitrator Independence and Impartiality: Examining the dual role of Arbitrator and counsel Arbitrator Independence and Impartiality: Examining the dual role of Arbitrator and counsel i 2011 international Institute for Sustainable Development (IISD) Published by the international Institute for Sustainable Development IISD contributes to sustainable development by advancing policy recommendations on international trade and investment, economic policy, climate change and energy, measurement and assessment, and natural resources management, and the enabling role of communication

Arbitrator Independence and Impartiality: Examining the dual role of arbitrator and counsel 1 1.0 Introduction A common1 aspect of most international investment agreements (IIAs) is that they permit foreign investors to bring legal claims directly against host States before international arbitral tribunals.

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