Between Legitimacy and Control: Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals

54 Pages Posted: 13 Feb 2018

See all articles by Chiara Giorgetti

Chiara Giorgetti

Richmond University School of Law

Date Written: June 1, 2016

Abstract

This Article makes three novel contributions: first, and for the first time, it details and compares challenge procedures across a variety of international courts and tribunals, including both permanent and ad hoc institutions. Second, it provides unique data on judges and arbitrators challenges procedures and provides a detailed analysis of their outcomes. Third, it makes two concrete recommendations that should be adopted as baseline requirements to improve and harmonize existing challenge procedures: (1) it proposes that an external or semi-external institution take decisions on challenges, and (2) it proposes adoption of a common standard of review based on a reasonable third party observer.

Keywords: Challenges of International Judges and Arbitrators, Removal of International Judges

JEL Classification: K33

Suggested Citation

Giorgetti, Chiara, Between Legitimacy and Control: Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals (June 1, 2016). George Washington International Law Review, Vol. 49, 2016, Available at SSRN: https://ssrn.com/abstract=3113683

Chiara Giorgetti (Contact Author)

Richmond University School of Law ( email )

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