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Information Journal Paper

Title

CHALLENGE OF ARBITRATORS IN ICSID INVESTMENT ARBITRATION: A CRITIQUE AND AN APPROPRIATE SOLUTION

Pages

 Start Page 95 | End Page 113

Abstract

CHALLENGE OF ARBITRATORS is a controversial issue in INTERNATIONAL ARBITRATION ingeneral and in ICSID Arbitration in particular. There is a consensus that thelack of impartiality and independency leads arbitrators to be challenged.However, there is a duality of standards for challenging arbitrators. Ininternational commercial arbitration and international investment arbitrationwhich are not based on the WASHINGTON CONVENTION, the standard is based on thestandard of "reasonable doubt". By contrast, ICSID Arbitration adheres to thecriterion of "lack of manifest" by virtue of Article 57 of the WashingtonConvention. The majority of ICSID Tribunals make a distinction between ICSIDArbitration and non-ICSID arbitration, which is unsatisfactory and could becriticised. By evaluating pertinent ICSID Arbitration cases, this Article arguesthat ICSID regime is ambiguous in terms of the CHALLENGE OF ARBITRATORS. Itconcludes that for the purpose of adopting a unitary standard for the challengeof arbitrators in INTERNATIONAL ARBITRATION, ICSID Arbitration Rules as amendedin 2006 and some ICSID cases have provided the basis for invoking the standardof "reasonable doubt".

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