The independence and impartiality of ICSID arbitrators / By Maria Nicole Cleis.

Format:

Book

Author/Creator:

Cleis, Maria Nicole.

Series:

Nijhoff International Investment Law Series 8.

Nijhoff international investment law series ; 8

Language:

English

Subjects (All):

International Centre for Settlement of Investment Disputes.

Arbitrators--Legal status, laws, etc.

Arbitrators.

International commercial arbitration.

Investments, Foreign--Law and legislation.

Investments, Foreign.

Physical Description:

1 online resource.

Place of Publication:

Brill 2017

Leiden : Brill Nijhoff, 2017.

Language Note:

English

Summary:

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.

Contents:

Introduction

Independence and Impartiality in the icsid Convention and Arbitration Rules

Disqualification Decisions under the icsid Convention and Arbitration Rules

Alternative Standards of Independence and Impartiality

Analysis of Existing Reform Proposals

Improvement Suggestions.

Notes:

Description based on print version record and CIP data provided by publisher; resource not viewed.

Includes bibliographical references.

ISBN:

90-04-34148-X

Publisher Number:

10.1163/9789004341487 DOI