Time and Compromise in UNCITRAL’s Working Group III
During the week of 22 September 2025, States once again met in Vienna under Working Group III (WGIII)...
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.
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