NYIAC Grand Central Forum: Double-Hatting and the ICSID-UNCITRAL Draft Code of Conduct for Adjudicators in International Investment Disputes
International Arbitration and Litigation attorney Arantxa Cuadrado co-authored an article for the Kluwer Arbitration Blog. The article covered the discussion of the fourth draft of the joint ICSID-UNCITRAL Code of Conduct for Adjudicators in International Investment Disputes (Code) at the New York International Arbitration Center's (NYIAC) annual Grand Central Forum. The Code attempts to regulate the issue of "double-hatting," which is where an arbitrator concurrently has a role as counsel or expert in a related proceeding. The panel raised questions, concerns and comments about subjects such as the relationship between double-hatting and the concepts of independence and impartiality, the prohibited multiple roles and temporal scope of the ban, the proposed three-year tail and more.