Arbitrator Selection – Towards Greater State Control
Kulick, Andreas (ed), Reassertion of Control over the Investment Treaty Regime (Cambridge University Press, Forthcoming)
22 Pages Posted: 9 Jul 2016
Date Written: July 8, 2016
Two defining characteristics of international arbitration are the absence of a standing tribunal and the selection of the adjudicators by the disputing parties. Investment arbitral tribunals are constituted for particular cases with decision-makers appointed for one particular dispute only by the disputing parties directly, or in accordance with their agreement. This chapter focuses on the formal and informal rules for nominating arbitrators, how the parties and arbitral institutions choose arbitrators in practice, the patterns of arbitral appointment that these rules produce, and possible avenues for reform. The main question is how parties and arbitral institutions select arbitrators to serve on arbitral tribunals.
Keywords: international arbitration; arbitrators; selection; appointment; legitimacy
JEL Classification: K33, K41
Suggested Citation: Suggested Citation