Appointing Authorities: Self-Appointment, Party Appointment, and Non-Appointment
Book Project, Conference on the Legitimacy of Unseen Actors in International Adjudication (The Hague, 26 and 27 October 2017)
22 Pages Posted: 11 Dec 2017
Date Written: December 5, 2017
Appointing authorities wield tremendous power in international arbitration. This Chapter examines three phenomena concerning appointing authorities that have occurred in recent arbitrations: self-appointment (where the appointing authority appoints him or herself to the tribunal); party appointment (where one or both parties appoint the appointing authority to the tribunal); and non-appointment (where the appointing authority refuses to appoint an arbitrator). The Chapter concludes that, in light of the significant powers granted to appointing authorities, greater attention should be directed towards regulating their conduct.
Keywords: international law, arbitration, appointing authority, appointment, self-appointment, non-appointment, PCA, UNCLOS, ICSID, UNCITRAL
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