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a. Impartiality Standards in International Arbitration

The impartiality provisions in most international arbitration rules
include issue conflicts. The UNCITRAL Arbitration Rules state that an

arbitrator may be challenged if circumstances exist that give rise to
justifiable doubts as to the arbitrator’s impartiality or independence. 12

The ICSID Arbitration Rules permit disqualification of an arbitrator if
13
any fact indicates “a manifest lack of the required qualities,” including
more specifically recognized competence in the fields of law,
commerce, industry or finance but also the capacity to exercise

independent judgment.

International arbitrations are typically subject to the domestic
arbitration law at the seat of the arbitration, except for ICSID arbitrations,
including its impartiality standards. The domestic arbitration law of

many states entails a standard similar to the UNCITRAL Arbitration Rules.

Therefore, this standard is broad enough to regulate issue conflicts.

Apart from the international arbitration rules which address the

conflict of interest, association guidelines are also another
indirect source of standards. The most influential standard is the 2004

International Bar Association (“IBA”) Guidelines on Conflicts of
Interest in International Arbitration (“IBA Guidelines”). Two provisions

of the IBA Guidelines require an arbitrator to disclose whether he
has publicly advocated a specific position regarding the case that is

being arbitratedand to disclose the fact that an arbitrator has previously

12. Id.
13. See ICSID Arbitration Rules, supra note 106, rule 9. See also Convention on the Settlement
of Investment Disputes Between States and Nationals of Other States, art. 57, Mar. 18, 1965,
17 U.S.T. 1270, 575 U.N.T.S. 159 [hereinafter ICSID Convention].

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