Originally from Soft Law in International Arbitration, Second Edition

PREVIEW PAGE

I. Introduction

1. At the forty-third session in September 2022, the Working Group considered the draft code of conduct for adjudicators based on document A/CN.9/WG.III/WP.216 and requested the Secretariat to prepare, based on its deliberations, two separate texts, a code of conduct for arbitrators and a code of conduct for judges, to be accompanied by commentary (A/CN.9/1124, paras. 204 and 279).

2. Accordingly, this note contains a revised version of a draft code of conduct for arbitrators in international investment dispute resolution (referred to as the “Code for Arbitrators”) and a draft code of conduct for judges in international investment dispute resolution (referred to as the “Code for Judges”), jointly referred to as “the Codes”. The drafts have been prepared jointly by the secretariats of ICSID and UNCITRAL.

3. To facilitate the Working Group’s consideration of both Codes, articles of the Codes are presented in sequence with articles of the Code for Arbitrators preceded by the letter “A” and articles of the Code for Judges preceded by the letter “J”. Each article is then followed by commentary, which aims to clarify the content of the article, discuss practical implications, and provide examples. The commentary to the Code for Judges would be largely based on that for Arbitrators, with adjustments. This document also includes notes to the Working Group identifying issues that require further consideration.

4. The Working Group may wish to consider means of implementation and enforcement of the Code as contained in document A/CN.9/WG.III/WP.208 and how the Code for Arbitrators could be implemented by arbitral institutions administering international investment disputes.