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FDI Perspective No. 35: “Is the party-appointed arbitrator a ‘pernicious institution’? A reply to Professor Hans Smit,” by Giorgio Sacerdoti.

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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.

A translation in Mandarin is also available via the “Download Resources” button.

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