Debate Motion: This House believes that Arbitral Institutions must impose a limit on the number of Repeat Appointments from the Same Party
Repeat arbitral appointments from the same party are contentious as they may create a financial incentive for the arbitrator to decide in a certain way so as to increase the likelihood of future appointments, or result in the arbitrator developing an affinity or loyalty to the appointing party. If the same arbitrator is appointed in multiple proceedings involving one of the parties where similar factual and legal issues are addressed, there may also be a risk of prejudgment of issues.
As appointing authority in the arbitration, arbitral institutions are in the position to impose safeguards to protect the integrity and sanctity of the arbitral process and international arbitration as a whole.
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