The ‘Double Hat’ Debate in International Arbitration

June 14, 2010

It is commonplace in international arbitration, as in most domestic arbitration in the United States, for experienced practitioners who actively represent parties before arbitral tribunals to serve as arbitrators in other cases.

Indeed, it is not unusual for an individual to represent a party in an arbitration administered by one of the larger international institutions, such as the International Chamber of Commerce (ICC) or the International Centre for Settlement of Investment Disputes (ICSID), for example, and at the same time serve as an arbitrator in another matter administered by the same institution.

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