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The Independence and Impartiality of ICSID Arbitrators

Current Case Law, Alternative Approaches, and Improvement Suggestions

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Maria Nicole Cleis

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.

Katia Fach Gómez

MIC independence and impartiality, 6 as well as with the goals of transparency, effectiveness, credibility and legitimacy that seek to hold sway in the international investment system. The close connection between diversity and independence in the context of a future MIC was recently raised by

Federica Cristani

perceived, personal, professional or case- or issue-related. 2 This article aims at describing the challenge procedure of arbitrators in investment arbitrations. The starting point is the analysis of the requirements of independence and impartiality of arbitrators, as well as of the duty of disclosure

Series:

Maria Nicole Cleis

This Chapter analyzes how select dispute resolution mechanisms delimit arbitrators’ independence and impartiality. The examined mechanisms are chosen based on their similarities with icsid arbitration, which will be set out below, at the beginning of each Part. As in Chapter 2, the focus of the

Series:

Maria Nicole Cleis

This Chapter analyzes the icsid Convention’s rules and regulations on arbitrators’ independence and impartiality, arbitrators’ disclosure obligations and the right of the disputing parties to remove unqualified arbitrators. It sheds light on the discussions relating to these provisions during the

of independence and impartiality of prosecution service. On 14 June 2001 a Chamber of the European Court of Human Rights declared inadmissible the application in the case of Craxi III v. Italy . Summary of the facts The applicant was the Secretary of the Italian Socialist Party between 1976 and 1993

55 12 hrcd [ 2001 ] WILKINSON and ALLEN v. the UNITED KINGDOM Right to a fair trial – violation Article 6, Section 1 The role of the convening officer in a British court martial meant that such courts-martial did not meet the independence and impartiality requirements of Article 6, Section 1 of