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

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