The
problem of ensuring arbitrators’ impartiality with respect to the subject-matter
of the dispute arises in the field of international investment arbitration,
which deals with a limited range of recurring legal issues and in which certain
States repeatedly appear as parties. Four scenarios raising different degrees
of concern are explored by this study. Arbitral institutions must address these
problems which have arisen in recent years. Institutional strengthening of
disclosure requirements for arbitrators has its limits. Short of forbidding the
wearing of multiple hats, arbitral institutions must promulgate guidelines or
codes of conduct for their arbitrators and counsel.