Selection and Appointment of International Adjudicators: Structural Options for ISDS Reform

Abstract

As a result of the meeting in New York of UNCITRAL Working Group III, states suggested focusing on a second workstream on structural reform options that would cover issues relating to, inter alia, amendments to the existing ISDS process and the establishment and composition of a Multilateral Investment Court or a stand-alone appellate mechanism, including methods for the selection of members, the types of qualifications they should have, and mechanisms to enhance diversity (A/CN.9/970, point 74). With respect to the selection and appointment of adjudicators, the Secretariat was requested to undertake preparatory work in cooperation with the Academic Forum on ISDS. It was specified that this work should include compiling, summarizing, and analyzing relevant information (A/CN.9/970, point 84 et seq).

Keywords: selection, appointment, election, arbitrators, judges, rosters

JEL Classification: F02, F13, F21, F53, K41, K39, K40, K10, K33, K49, K12, K19, K20, K29, H70, E22, H87, F50, F52