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

Academic Forum on ISDS Concept Paper 2019/11, 2019

22 Pages Posted: 24 Mar 2021

See all articles by Andrea Bjorklund

Andrea Bjorklund

McGill University - Faculty of Law

Marc Bungenberg

Saarland University

Manjiao Chi

UIBE - Center for Int'l Economic Law & Policy (CIELP), Law School,

Catharine Titi

CNRS; University Paris II Panthéon-Assas

Date Written: 2019

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

Suggested Citation

Bjorklund, Andrea and Bungenberg, Marc and Chi, Manjiao and Titi, Catharine, Selection and Appointment of International Adjudicators: Structural Options for ISDS Reform (2019). Academic Forum on ISDS Concept Paper 2019/11, 2019, Available at SSRN: https://ssrn.com/abstract=3787334

Andrea Bjorklund

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
5143985372 (Phone)

Marc Bungenberg

Saarland University ( email )

Stadtwald
Saarbrucken, Saarland D-66123
Germany

Manjiao Chi

UIBE - Center for Int'l Economic Law & Policy (CIELP), Law School, ( email )

10, Huixin Dongjie
Changyang District
Beijing, Beijing 100029
China

University Paris II Panthéon-Assas ( email )

CERSA, 12 place du Panthéon
Paris, 75005
France

HOME PAGE: http://www.cersa.fr/catharine-titi

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