“It’s not me, it’s you”: Arbitrator’s Conduct and the Public’s Opinion of ISDS - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View “It’s not me, it’s you”: Arbitrator’s Conduct and the Public’s Opinion of ISDS by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management “It’s not me, it’s you”: Arbitrator’s Conduct and the Public’s Opinion of ISDS 85 3

In recent years, the practice of international arbitration has fallen into disrepute. As practitioners are criticised, they are quick to point out the relative successes of the field but to little or no avail. With that in mind, this paper examines what it is that has led the public to become weary of arbitration, in spite of those who practice so fervently defending it. In doing so, we will consider the misguided attempts at creating a new system of hearing disputes under the Trans-Atlantic Trade and Investment Partnership, why it failed and what important lessons the practice can learn from it.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management