Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals
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Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals
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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2015-07-14
Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals written by Chiara Giorgetti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-14 with Law categories.
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.
Investment Arbitration S Tightrope
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Author : Paolo Vargiu
language : en
Publisher: Anthem Press
Release Date : 2025-06-03
Investment Arbitration S Tightrope written by Paolo Vargiu and has been published by Anthem Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-03 with Law categories.
This book addresses the role of investment arbitrators within the framework of international investment law, a system that tends by design to prioritise the interests of foreign investors, often at the expense of the economic and social policies of the host states. The theoretical foundations of this volume are doctrinal, and the argument presented is aimed at contributing to the scholarly debate on the reform of the system of investment law. Because of this, the book is particularly focussed on the scholarship and is aimed at an audience already familiar with the system of investment arbitration and its case-law. The author explores both the explicit and implicit duties of arbitrators and critically questions certain critiques of investment law that call for arbitrators to interpret bilateral investment treaties and free trade agreements in ways that also protect the host states’ interests. While the author argues that challenges to the legitimacy and credibility of the current investment law regime are well-founded, he also argues that arbitrators find themselves constrained by the prevailing legal framework, unable to fully balance the competing interests of foreign investors and host states. The book concludes that achieving greater equality in the investment legal regime necessitates a departure from the existing bilateral investment treaties paradigm and calls for a more just and balanced system of investment treaties. The author argues that, until such a transformation occurs, arbitrators remain compelled to apply the current applicable law, highlighting the insurmountable limitations and tensions within the present system.
The Independence And Impartiality Of Icsid Arbitrators
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Author : Maria Nicole Cleis
language : en
Publisher: BRILL
Release Date : 2017-06-06
The Independence And Impartiality Of Icsid Arbitrators written by Maria Nicole Cleis and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with Law categories.
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.
Schreuer S Commentary On The Icsid Convention
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Author : Stephan W. Schill
language : en
Publisher:
Release Date : 2022-09-14
Schreuer S Commentary On The Icsid Convention written by Stephan W. Schill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-14 with Business & Economics categories.
This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.
International Procedure In Interstate Litigation And Arbitration
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Author : Eric De Brabandere
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-25
International Procedure In Interstate Litigation And Arbitration written by Eric De Brabandere and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-25 with Law categories.
This collection presents comparative analyses of the procedural aspects of the settlement of interstate disputes in international law. The contributions offer reflections on the procedure applicable to various interstate dispute settlement bodies, including international as well as regional courts and tribunals.
The Defaulting State And The South China Sea Arbitration
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Author : Alfredo C. Robles Jr.
language : en
Publisher: Springer Nature
Release Date : 2023-05-27
The Defaulting State And The South China Sea Arbitration written by Alfredo C. Robles Jr. and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-27 with Law categories.
This book focuses on the legal and procedural problems caused by China’s default in the South China Sea Arbitration. Many of these problems arose because in several respects, China departed from the conduct of other defaulting States in cases before the International Court of Justice. The book argues that the Tribunal, confronted with the difficulties of maintaining the balance between two parties in a situation of default, drew on the full range of its powers to ensure that neither China nor the Philippines would suffer from China’s default. Further, the book describes the shortcomings of the submissions of putative amicus curiae. It refutes China’s questioning of the independence and impartiality of the experts and of the judges. In so doing, it explains the expert opinions and the Tribunal ’s assessments of the latter in the areas of satellite imagery, coral reef ecology, and navigational safety, while rebutting the half- truths and counter-truths disseminated by Chinese scholars about the proceedings. The book compares China’s threats to the independence of the Tribunal to its behavior towards Chinese judges. It places China’s accusations of bias against the Tribunal in the context of China’s domestic situation, and concludes that the Tribunal, acting independently and impartially, was able to perform the judicial function, despite China’s default.
Judicial Power In A Globalized World
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Author : Paulo Pinto de Albuquerque
language : en
Publisher: Springer Nature
Release Date : 2019-08-21
Judicial Power In A Globalized World written by Paulo Pinto de Albuquerque and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-21 with Law categories.
This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
The Statute Of The International Court Of Justice
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Author : Andreas Zimmermann
language : en
Publisher: Oxford University Press
Release Date : 2019-03-21
The Statute Of The International Court Of Justice written by Andreas Zimmermann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-21 with Law categories.
This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.
Party Appointed Arbitrators In International Commercial Arbitration
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Author : Alfonso Gómez-Acebo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-26
Party Appointed Arbitrators In International Commercial Arbitration written by Alfonso Gómez-Acebo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-26 with Law categories.
The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
Merrills International Dispute Settlement
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Author : John Merrills
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-10
Merrills International Dispute Settlement written by John Merrills and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with Law categories.
The seventh edition of this successful textbook on the techniques and institutions used to solve international disputes.