Fair and Equitable Treatment and the Draft Code of Conduct for Adjudicators

Fair and Equitable Treatment and the Draft Code of Conduct for Adjudicators

This is a past event

The research seminar guest lecture will explore the changing landscape of the substantive and procedural framework for investor-State dispute settlement (ISDS), with a focus on the Fair and Equitable Treatment (FET) standard of protection, and the draft Code of Conduct for Adjudicators developed by the UNCITRAL Working Group III (ISDS Reform). The substantive and procedural reforms alike have been prompted by States which are increasingly concerned about the broad interpretations of investment treaties, and the lack of accountability of arbitrators deciding investment claims. 

In an effort to reclaim their right to regulate in the public interest, and to reduce exposure to enormous damages awards, States have been re-thinking the design and scope of the investment-protection standards. The FET standard has received the most attention as the most frequent and most successful investment claim raised against States in ISDS: At the same time, the Working Group III is close to finalizing the first code of conduct for decision-makers in ISDS, which aims to address conflicts of interest characteristic for investment disputes, in order to protect the integrity of the proceedings and the resulting awards.

This lecture will address both of these key developments, placing them in the context of the ongoing reform efforts, and highlighting their key features and possible future implications. The participants will be invited to discuss some concrete and hypothetical examples which should help illustrate the topics in more concrete terms. 

Fahira Brodlija is the Rule of Law Advisor for a regional GIZ legal reform project focusing on investment disputes in the Western Balkans.  Fahira is an adjunct lecturer at the International University of Sarajevo. She also frequently writes and speaks on topics related to the reform of the investor-State dispute settlement system, as well as commercial and investment arbitration. Fahira is a former participant and a Vis Moot coach of law faculties from Bosnia and Herzegovina and the region since 2016. Fahira is a member of Association ARBITRI, an NGO founded by young attorneys in Bosnia and Herzegovina, seeking to enhance and promote the arbitration system in the country. Fahira obtained her BA degree in 2016 from the University of Sarajevo Faculty of Law and her LL.M. degree in 2017 from the University of Pittsburgh School of Law. 

Fahira Brodlija
Hosted by
School of Law
Hybrid Event (On Campus Venue - KCG7)

Seminar is Free to attend. Please contact Mr Georgi Chichkov event link at georgi.chichkov@abdn.ac.uk