An independent panel for the scrutiny of investment arbitrators: an idea whose time has come?

Devaney, J. (2020) An independent panel for the scrutiny of investment arbitrators: an idea whose time has come? Law and Practice of International Courts and Tribunals, 18(3), pp. 369-388. (doi: 10.1163/15718034-12341409)

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Abstract

This article focuses on one particular issue which has arisen in the course of the ongoing debate on the reform of investor-State dispute settlement (ISDS), namely that of the appointment of arbitrators. Taking as its starting point that there now exists a tentative consensus that the present system for the appointment of arbitrators either causes or exacerbates certain problematic aspects of the current ISDS system, the article explores one option for reform: the creation of an independent panel for the scrutiny of arbitral appointments. Such a body is the most desirable way to introduce necessary scrutiny into the current appointments system, which will in turn help to address some of the criticisms levelled at ISDS more generally, while at the same time not removing completely the initiative that parties currently have to put individuals forward as their candidates to become an arbitrator.

Item Type:Articles
Keywords:ISDS, arbitrators, appointment, reform.
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Devaney, Dr James
Authors: Devaney, J.
Subjects:K Law > KZ Law of Nations
College/School:College of Social Sciences > School of Law
Journal Name:Law and Practice of International Courts and Tribunals
Journal Abbr.:LPICAT
Publisher:Brill Nijhoff
ISSN:1569-1853
ISSN (Online):1571-8034
Published Online:07 February 2020
Copyright Holders:Copyright © 2020 Koninklijke Brill
First Published:First published in Law and Practice of International Courts and Tribunals 18(3):369-388
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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