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Challenges of International Investment Arbitrators: How Does it Work, and Does it Work?* - WAMR 2013 Vol. 7, No. 2

Author(s): 
Chiara Giorgetti
Page Count: 
18 pages
Published: 
November, 2013
Jurisdictions: 
International
Practice Areas: 
Challenge of Arbitrators,
Capacity and Qualifications of Arbitrators,
Investment Disputes,
International Litigation

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Description: 

Originally from World Arbitration And Mediation Review (WAMR)

I. INTRODUCTION

International investment arbitration has become the “fastest growing area of international law”1 and is now the preferred option for the settlement of investment disputes.2 This increased use of international investment arbitration has also translated in more challenges of appointed arbitrators.3

Several reasons explain why challenges of arbitrators are now more common. In part, this is caused by the repeated use of a limited number of arbitrators to resolve similar international disputes, which increases the potential for real or perceived conflicts of interest, whether personal, professional, or case – or issue – related. Additionally, in certain instances, challenges are frivolous, and are merely used to delay and protract proceedings.