投资仲裁员审查独立小组：谁的时代已经到来？

IF 0.5 Q3 LAW

Law & Practice of International Courts and Tribunals Pub Date : 2020-02-07 DOI:10.2139/ssrn.3519208

J. Devaney

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引用次数: 5

摘要

本文的重点是在正在进行的关于投资者与国家争端解决改革的辩论中出现的一个具体问题，即任命仲裁员的问题。本文的出发点是，目前存在一种初步共识，即现行的仲裁员任命制度要么导致要么加剧了现行ISDS制度的某些问题，本文探讨了改革的一种选择:设立一个独立的小组来审查仲裁任命。这样一个机构是对目前的任命制度进行必要审查的最理想的办法，这将有助于更广泛地解决对独立仲裁机构提出的一些批评，同时不完全取消当事各方目前必须推举个人作为其仲裁员候选人的倡议。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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An Independent Panel for the Scrutiny of Investment Arbitrators: an Idea Whose Time Has Come?

This article focuses on one particular issue which has arisen in the course of the ongoing debate on the reform of investor-State dispute settlement (ISDS), namely that of the appointment of arbitrators. Taking as its starting point that there now exists a tentative consensus that the present system for the appointment of arbitrators either causes or exacerbates certain problematic aspects of the current ISDS system, the article explores one option for reform: the creation of an independent panel for the scrutiny of arbitral appointments. Such a body is the most desirable way to introduce necessary scrutiny into the current appointments system, which will in turn help to address some of the criticisms levelled at ISDS more generally, while at the same time not removing completely the initiative that parties currently have to put individuals forward as their candidates to become an arbitrator.

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来源期刊

Law & Practice of International Courts and Tribunals LAW-

CiteScore

1.30

自引率

40.00%

发文量

期刊介绍： The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.