The principles of independence and impartiality are fundamental to the proper administration of justice. This book examines how these principles are implemented in a variety of settings: in national courts of selected jurisdictions, international courts and international arbitration.
The book collates special reports which address the topical issues currently under debate, such as the need to preserve the adjudicators independence from the other powers of the state, and the need to preserve the legitimacy of arbitration in investor-state disputes. Rapporteurs also examine topics such as the standard required for independence and impartiality, the selection criteria and the selection method, the authority in charge of making the selection (a party appointment or an appointing authority), the mechanisms to counter-balance the influence that may be exercised by the appointing authority, the adjudicators duty of disclosure, the adjudicators immunity, the adjudicators rights and duty after the term of service, codes of conduct, and the consequences of a breach of the different duties.
