Issue Conflicts: A Net Cast Too Wide?
Francisco González de Cossío
The possibility that arbitrators entrusted with resolving investment disputes may have so-called 'issue-conflicts' has provoked some angry criticism, contentious debate, award-annulments, and fledgling prohibitions. The discussion and current thinking appear to overlook the consequences stemming from adopting general prohibitions which are not justified in many cases. This essay calls for calm, sober, analysis to frame the matter objectively and to ensure that the measures adopted are not overly and unnecessarily prohibitive: a net cast too wide.