The UNCITRAL Code of Conduct for Arbitrators in International Investment Disputes: Striking the Right Balance?

The UNCITRAL Code of Conduct for Arbitrators in International Investment Disputes (the ‘Code’) was adopted in July 2023 and published in February 2024, and is celebrated as a significant milestone in articulating unified ethical standards for arbitrators in investor-State dispute settlement (‘ISDS’). This article examines in particular two central issues in the Code’s scope and development: (I) the regulation of the “double-hatting” phenomenon, where individuals serve concurrently as arbitrators and counsel in separate proceedings; and (II) disclosure obligations that are designed to meet concerns of partiality and bias. The evolution of the Code’s double-hatting provisions are traced over time, from an initial blanket prohibition to a nuanced approach that permits concurrent roles under specified conditions. Acknowledging the Code’s attempts to balance competing interests, the article nonetheless argues that certain provisions may exert a chilling effect on the diversity and sustainability of the arbitrator pool, sidelining arbitrators from under-represented backgrounds. A critical evaluation identifies two major constraints on the Code’s effectiveness: its reliance on voluntary adoption by parties, and the lack of robust enforcement mechanisms in cases of non-compliance. The article concludes that while the Code marks an important step in ISDS reform, its fruitfulness will hinge on integration into binding treaty frameworks, and the political will of states and stakeholders to ensure meaningful enforcement.

Authors

Publication Details

Journal
Asian International Arbitration Journal
Published
2025-06-01
DOI
https://doi.org/10.54648/aiaj2025007
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The UNCITRAL Code of Conduct for Arbitrators in International Investment Disputes: Striking the Right Balance?

Vanina Sucharitku
Asian International Arbitration Journal
International Arbitration and Investment Law
article

The UNCITRAL Code of Conduct for Arbitrators in International Investment Disputes: Striking the Right Balance?

Vanina Sucharitku
article en

Abstract

The UNCITRAL Code of Conduct for Arbitrators in International Investment Disputes (the ‘Code’) was adopted in July 2023 and published in February 2024, and is celebrated as a significant milestone in articulating unified ethical standards for arbitrators in investor-State dispute settlement (‘ISDS’). This article examines in particular two central issues in the Code’s scope and development: (I) the regulation of the “double-hatting” phenomenon, where individuals serve concurrently as arbitrators and counsel in separate proceedings; and (II) disclosure obligations that are designed to meet concerns of partiality and bias. The evolution of the Code’s double-hatting provisions are traced over time, from an initial blanket prohibition to a nuanced approach that permits concurrent roles under specified conditions. Acknowledging the Code’s attempts to balance competing interests, the article nonetheless argues that certain provisions may exert a chilling effect on the diversity and sustainability of the arbitrator pool, sidelining arbitrators from under-represented backgrounds. A critical evaluation identifies two major constraints on the Code’s effectiveness: its reliance on voluntary adoption by parties, and the lack of robust enforcement mechanisms in cases of non-compliance. The article concludes that while the Code marks an important step in ISDS reform, its fruitfulness will hinge on integration into binding treaty frameworks, and the political will of states and stakeholders to ensure meaningful enforcement.

Asian International Arbitration JournalVol. 21(Issue 2)
Partnerships for the goals
Openalex Percentile: Top 17%
International Arbitration and Investment Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

The UNCITRAL Code of Conduct for Arbitrators in International Investment Disputes: Striking the Right Balance? — Vanina Sucharitku · Asian International Arbitration Journal (2025) | TGRS Research Map | TGRS