Türkiye Adalet Akademisi Dergisi

Yazarlar: Açelya ŞAHİN, Güray ÖZSU

Konular:Hukuk

Anahtar Kelimeler:Ethic,Adjudicators,Impartiality,Independence,Double Hatting

Özet: Nowadays the issue of ethic is one of the subjects which are mostly discussed and causes problems in practice in the context of ISDS system. Even though there are certain arrangements with regard to ethic in procedural rules of some arbitration institutions, they are not sufficient to solve the problems. Because, these arrangements are not binding and uniform in terms of ISDS system. In order to fill the aforementioned deficiency, some international organisations are carrying out works. Draft ethical rules were prepared as a result of the joint work of ICSID and UNCITRAL Secretariats and shared with the interested parties on 1 May 2020. It regulates a set of standards and provisions for adjudicators and candidates for adjudicator, including impartiality, independence and obligations to ensure that the arbitration process is conducted in a fair, effective and civilized manner. The draft fills an important deficieny with regard to ISDS system and also exhibits a clearer approach, unlike the other ethic rules, in terms of being binding and imposing sanctions in case of breach.

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