Challenge and Disqualification of Arbitrators Under ICSID: A Case Analysis
18 Pages Posted: 18 Jul 2012
Date Written: July 18, 2012
The disqualification of arbitrators is gradually becoming a hot issue of ICSID arbitration. This article explores the issue of disqualification of arbitrators under the ICSID regime from the procedural and substantive dimensions by cases study. According to article 57 of the convention, the standard of disqualification is a manifest lack of qualities required thereof. From the prior cases, it can be concluded the tribunal is extreme cautious about the disqualification proposal in which the tribunal will consider all elements related and the applicant is required to follow an obscuring and finite procedure requirement and bears a quite heavy burden of proof. The disqualification of arbitrators under ICSID is an open and self-strained regime which can and always resorts to other international law sources. Under this perspective, China should get familiar with related procedures and build the warehouse of friendly-to-china arbitrators and most importantly, standardize the investment-related behaviors of Chinese local governments in order to cope with the highly possible defense in participating ICSID as respondent.
Keywords: disqualification, arbitration, ICSID, case study
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