Title The independence and impartiality of ICSID arbitrators : current case law, alternative approaches, and improvement suggestions / by Maria Nicole Cleis

Published Leiden : Brill Nijhoff, 2017

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Description 1 online resource (xii, 292 pages) Series Nijhoff international investment law series ; volume 8 Nijhoff international investment law series ; v. 8. Contents Introduction -- Independence and impartiality in the ICSID Convention and arbitration rules -- Disqualification decisions under the ICSID Convenion and arbitration rules -- Alternative standards of indepedence and impartiality -- Analysis of existing reform proposals -- Improvement suggestions 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 Bibliography Includes bibliographical references (pages 257-273) and index Notes Online resource; title from PDF title page (publisher's Web site, viewed June 23, 2017) Subject International Centre for Settlement of Investment Disputes. SUBJECT International Centre for Settlement of Investment Disputes fast Subject Arbitrators -- Legal status, laws, etc International commercial arbitration. Investments, Foreign -- Law and legislation. LAW -- Arbitration, Negotiation, Mediation. Arbitrators -- Legal status, laws, etc. International commercial arbitration Investments, Foreign -- Law and legislation International Centre for Settlement of Investment Disputes. Foreign direct investment. Investment arbitration. Arbitration tribunal. Impartiality. Form Electronic book LC no. 2017016714 ISBN 9789004341487 900434148X 9004341471 9789004341470

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