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

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.
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Biographical Note

Chiara Giorgetti is Associate Professor of Law at Richmond University Law School, where she teaches in the areas of international law and international dispute resolution. She has published extensively in these areas including the edited volumes Litigating International Investment Disputes - A Practitioner's Guide (Brill | Nijhoff, 2014) and The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Brill | Nijhoff, 2012).

Table of contents

Preface Contributors Abbreviations Introduction Chiara Giorgetti 1. The Challenges and Recusals at the International Court of Justice Chiara Giorgetti 2. Disqualification of Arbitrators Under the ICSID Convention and Rules Meg Kinnear and Frauke Nitschke 3. The Determination of Arbitrators Challenges by the Secretary-General of the Permanent Court of Arbitration Sarah Grimmer 4. Arbitrator Challenges at the Iran-United States Claims Tribunal Lee M. Caplan 5. Challenges of Arbitrators, Lessons from the ICC Loretta Malintoppi and Andrea Carlevaris 6. Selection and Recusal in the WTO Dispute Settlement System Gregory J. Spak and Ron Kendler 7. Challenges of Judges in International Criminal Courts and Tribunals Makane Moïse Mbengue 8. Issue Conflicts and the Reasonable Expectation of an Open Mind: The Challenge Decision in Devas v. India and its Impact Romain Zamour 9. Late-in-the-Day Arbitrator Challenges and Resignations: Anecdotes and Antidotes Judith Levine 10. Repeat Arbitrator Appointments in International Investment Disputes Luke A. Sobota 11. Tall and Small Tales of a Challenged Arbitrator Charles N. Brower, Sarah Melikian and Michael P. Daly 12. The Approach of Counsel to Challenges in International Disputes Andrew B. Loewenstein 13. Challenges to Party Representatives and Counsel Before International Courts and Tribunals Hansel T. Pham and M. Imad Khan 14. Challenges to Arbitrators in Asia: The Position Before the Singapore and Hong Kong Courts Lucy Reed, John Choong and Chan Yong Wei 15. Arbitrators Challenges in Latin America Jonathan Hamilton, Francisco X. Jijon and Ernesto E. Corzo Index


All those interested in international dispute resolution and practicing in international courts and tribunals, both in academia and in private practice.