The Independence and Impartiality of ICSID Arbitrators

The Independence and Impartiality of ICSID Arbitrators PDF

Author: Maria Nicole Cleis

Publisher: BRILL

Published: 2017-06-06

Total Pages: 304

ISBN-13: 900434148X

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The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.

Challenge and Disqualification of Arbitrators in International Arbitration

Challenge and Disqualification of Arbitrators in International Arbitration PDF

Author: Karel Daele

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9789041137999

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In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitratorand’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitratorand’s relationship with a party/counsel in the arbitration and the relationship between the arbitratorand’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose. In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement PDF

Author: Chiara Giorgetti

Publisher: BRILL

Published: 2019-09-24

Total Pages: 99

ISBN-13: 9004416234

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The Selection and Removal of Arbitrators in Investor-State Dispute Settlement explores and assesses two essential features in investor state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms In its first part, the book explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules.

Key Duties of International Investment Arbitrators

Key Duties of International Investment Arbitrators PDF

Author: Katia Fach Gómez

Publisher: Springer

Published: 2018-10-31

Total Pages: 222

ISBN-13: 3319981285

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This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate​ the duty of diligence​ and integrity​, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour​ the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training​. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these​ duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals PDF

Author: Chiara Giorgetti

Publisher: BRILL

Published: 2015-08-14

Total Pages: 450

ISBN-13: 9004302123

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Challenges and Recusal of Judges and Arbitrators in International Courts and Tribunals provides an in-depth analysis of a fundamental control mechanism of international dispute resolution in the context of some of the main international courts and tribunals. The book also assesses specific grounds and standards for challenging judges and arbitrators, and includes both regional and personal perspectives.

Bias Challenges in International Commercial Arbitration

Bias Challenges in International Commercial Arbitration PDF

Author: Sam Luttrell

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 322

ISBN-13: 9041131914

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Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.

The ICSID Convention

The ICSID Convention PDF

Author: Christoph Schreuer (juriste)

Publisher: Cambridge University Press

Published: 2009

Total Pages: 1599

ISBN-13: 0521885590

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This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

The Political Economy of the Investment Treaty Regime

The Political Economy of the Investment Treaty Regime PDF

Author: Jonathan Bonnitcha

Publisher: Oxford University Press

Published: 2017

Total Pages: 354

ISBN-13: 019871954X

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Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.

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