The selection and removal of arbitrators in investor-state dispute settlement / Chiara Giorgetti.

Format:

Book

Author/Creator:

Giorgetti, Chiara, author.

Series:

Brill Research Perspectives. International investment law and arbitration.

Language:

English

Subjects (All):

Dispute resolution (Law).

International law.

Physical Description:

1 online resource (99 pages).

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : BRILL, 2019.

Summary:

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.

Contents:

Intro

Contents

Selecting and Removing Arbitrators in International Investment Arbitration

Abstract

Keywords

Author Biography and Acknowledgments

1 Introduction: International Investment Arbitration as a Unique Dispute Resolution Mechanism

2 The Selection of Arbitrators in International Investment Arbitration

3 The Procedure: Who Selects and Appoints Arbitrators?

3.1 Party Appointments

3.2 Non-Party Appointments

3.2.1 International Convention on the Settlement of Investment Disputes

3.2.2 United Nations Commission on International Trade Law

3.2.3 Permanent Court of Arbitration

3.2.4 International Chamber of Commerce

3.2.5 Stockholm Chamber of Commerce

3.2.6 London Court of International Arbitration

3.3 Looking at the Future: Appointment in Permanent Courts

3.4 Emergency Arbitrators

4 The Selection Criteria: Who Should the Parties Select?

4.1 Necessary Requirements

4.1.1 Nationality

4.1.2 Impartiality and Independence

4.1.3 Legal Expertise and Other Mandated Requirements

4.2 Desirable Qualities

4.3 The Quest for Diversity

5 Constitution of the Tribunal

6 Removal of Arbitrators

6.1 Procedure

6.1.1 International Convention on the Settlement of Investment Disputes

6.1.2 United Nations Commission on International Trade Law

6.1.3 The Stockholm Chamber of Commerce

6.1.4 The International Chamber of Commerce

6.1.5 The London Court of International Arbitration

6.1.6 The Permanent Court of Arbitration

6.2 Reasons to Challenge

6.2.1 Lack of Independence and Impartiality because of Professional or Personal Relationship between an Arbitrator and a Party or Counsel or Other Relevant Actor.

6.2.2 Lack of Independence and Impartiality because of Conduct of the Arbitrator during the Proceedings or that Arose during the Proceedings

6.2.3 Lack of Independence and Impartiality because of Pre-Judgment: Issue Conflicts

7 Replacement of the Arbitrator

8 Conclusion

Appendix

Bibliography.

Notes:

Includes bibliographical references (pages 90-93).

Description based on publisher supplied metadata and other sources.

ISBN:

90-04-41623-4

OCLC:

1122453005

Publisher Number:

10.1163/9789004416239 DOI