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Difficult Issues in Commercial, Investor-State, and State-State Dispute Resolution: Differences and

Event Materials

Download Departing from confidentiality in international dispute resolution event paper by Ben Juratowitch QC (Freshfields Bruckhaus Deringer).

Although international courts and tribunals face similar procedural issues in practice, they are sometimes handled differently depending on whether the dispute is between States, investors and States, or private parties.

This event featured judges and practitioners who addressed selected procedural issues from the perspective of multiple types of international dispute resolution.

The panel chaired by Lord Mance explored different ways each form of dispute resolution may learn from techniques and developments in the others.

The issues discussed included:

  • the independence and impartiality of members of courts and tribunals
  • their approach to evidence and fact-finding
  • relative degrees of confidentiality and transparency of their proceedings, and
  • dealing with absent parties, absent arbitrators and absent witnesses.



Prof Yarik Kryvoi, British Institute of International and Comparative Law


Lord Mance, Supreme Court of the United Kingdom


  • Judge Joan Donoghue, International Court of Justice
  • Ben Juratowitch QC, Freshfields Bruckhaus Deringer
  • Judith Levine, Senior Legal Counsel, Permanent Court of Arbitration
  • Alison Macdonald QC, Matrix Chambers
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