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International Investment Law for the 21st CenturyEssays in Honour of Christoph Schreuer$
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Christina Binder, Ursula Kriebaum, August Reinisch, and Stephan Wittich

Print publication date: 2009

Print ISBN-13: 9780199571345

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199571345.001.0001

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ARBITRATOR INDEPENDENCE IN ICSID ARBITRATION

ARBITRATOR INDEPENDENCE IN ICSID ARBITRATION

Chapter:
(p.131) 10 ARBITRATOR INDEPENDENCE IN ICSID ARBITRATION
Source:
International Investment Law for the 21st Century
Author(s):

Audley Sheppard

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199571345.003.0010

ICSID prescribes that the ICSID arbitrator must ‘be relied upon to exercise independent judgment’. This chapter begins by comparing this requirement with the formulation found in other arbitral rules and various national laws. It then considers the decisions in both ICSID and other arbitrations concerning challenges, based on (i) the relationship between an arbitrator and a party; (ii) the relationship between an arbitrator and a counsel; and (iii) issue and subject matter conflict. The chapter concludes by recommending that the legal test and procedure for determining arbitrator challenges in ICSID proceedings should be changed.

Keywords:   ICSID, investment arbitration, independent judgment, arbitral rules

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