Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals

Author: Chiara Giorgetti

Publisher: BRILL

Published: 2015-07-14

Total Pages: 450

ISBN-13: 9004302123

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Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement

Author: Chiara Giorgetti

Publisher: BRILL

Published: 2019-09-24

Total Pages: 99

ISBN-13: 9004416234

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The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.

Arbitration Under International Investment Agreements
Arbitration Under International Investment Agreements

Author: Katia Yannaca-Small

Publisher:

Published: 2010

Total Pages: 790

ISBN-13: 0195340698

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Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.

General Principles of Law and International Due Process
General Principles of Law and International Due Process

Author: Charles T. Kotuby, Jr.

Publisher: Oxford University Press

Published: 2017-02-15

Total Pages: 305

ISBN-13: 0190642726

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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

The Independence and Impartiality of ICSID Arbitrators
The Independence and Impartiality of ICSID Arbitrators

Author: Maria Nicole Cleis

Publisher: BRILL

Published: 2017-06-06

Total Pages: 304

ISBN-13: 900434148X

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The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.

Ethics in International Arbitration
Ethics in International Arbitration

Author: Catherine A. Rogers

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 0

ISBN-13: 9780198713203

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International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

Legitimacy and International Courts
Legitimacy and International Courts

Author: Nienke Grossman

Publisher: Cambridge University Press

Published: 2018-02-22

Total Pages: 397

ISBN-13: 1108540228

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One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

The International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea

Author: Kriangsak Kittichaisaree

Publisher: Oxford University Press, USA

Published: 2021-01-21

Total Pages: 241

ISBN-13: 0198865295

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Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.

Legal Theory of International Arbitration
Legal Theory of International Arbitration

Author: Emmanuel Gaillard

Publisher: BRILL

Published: 2010-05-03

Total Pages: 204

ISBN-13: 9004187154

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Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.