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Chapter 7: Arbitrators

Chapter 7: Arbitrators

pp. 173-232

Authors

, The Chinese University of Hong Kong, , National University of Singapore, , University College London
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Summary

In a decentralised dispute settlement system such as international investment arbitration, the choice of arbitrators and the ethical standards to which they can be held become crucial, both in systemic terms and for the resolution of particular disputes. Section 1 introduces the key figures in investment arbitration. Section 2 deals with the appointment process, considering in a comparative manner ICSID and non-ICSID arbitrations. Sections 3 and 4 address the process and substantive standards for challenging arbitrators in a similar manner. Section 5 addresses in more detail selected grounds of challenge. The connection between arbitrator conflicts and the proposal to replace investment treaty arbitration with a Multilateral Investment Court is discussed in Chapter 20 of this book.

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