The Judge Who Knew Too Much: Issue Conflicts in International Adjudication
By Joseph R. Brubaker, February 8, 2012
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This article argues that the impartiality of an adjudicator assigned to multiple disputes in international arbitration may be, or may appear to be, affected if issues in the disputes are similar. The article reviews impartiality standards within international adjudication and arbitration. It concludes by arguing that three factors need to be taken into account when determining impartiality: the proximity of commitment; the depth of involvement; and the timing of the opinion.
