Originally from Reflections on International Arbitration - Essays in Honour of Professor George Bermann

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Over the several years of my tremendously good fortune in knowing him and working with him, I have observed that Professor George Bermann’s stature as a scholar of international arbitration owes a great deal to his innate concern for the sustained integrity and legitimacy of the process.  His recent Expert Opinion on behalf of the Republic of Kazakhstan in the Stati saga speaks volumes in this regard:  

International arbitration’s legitimacy depends on the integrity of all those who participate in it. Among the core components of integrity in the context of international arbitration are truthfulness and honesty. This is especially pronounced in international investment arbitration, where one of the parties is a sovereign which consents to arbitration only under certain stated conditions, one of which is that the investment is legal and bona fide.

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The legitimacy of arbitral proceedings and awards is critical to the well-being of the investment protection system operated today. That legitimacy in turn depends on – even presumes – the good faith of all participants. These include not only arbitrators and counsel, but parties themselves. All are the front-line actors in ensuring the integrity of the process. While parties, like counsel, are entitled to pursue their case zealously, they are not entitled to do so dishonestly.