The independence and impartiality of ICSID arbitrators : current case law, alternative approaches, and improvement suggestions / by Maria Nicole Cleis.
2017
K3834 .C57 2017 (Mapit)
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Author
Title
The independence and impartiality of ICSID arbitrators : current case law, alternative approaches, and improvement suggestions / by Maria Nicole Cleis.
Imprint
Leiden ; Boston : Brill Nijhoff, [2017]
Description
xii, 292 pages ; 25 cm.
Series
Nijhoff international investment law series ; 8.
Formatted Contents Note
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.
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.
Note
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, etc. Note
Includes bibliographical references (pages 257-271) and index.
Location
STA
Available in Other Form
Online version: Cleis, Maria Nicole. Independence and impartiality of ICSID arbitrators. Leiden : Brill Nijhoff, 2017
Call Number
K3834 .C57 2017
Language
English
ISBN
9789004341470 (hardback)
9004341471 (hardback)
9789004341487 (e-book)
9004341471 (hardback)
9789004341487 (e-book)
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