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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Challenges to Arbitrators in ICSID Arbitration

Challenges to Arbitrators in ICSID Arbitration

(p.596) 36 Challenges to Arbitrators in ICSID Arbitration
Practising Virtue

James Crawford

Oxford University Press

This chapter focuses on arbitrator challenges in International Centre for Settlement of Investment Disputes (ICSID) arbitrations. It considers the requirements of the relevant provisions of the ICSID Convention, arbitral pronouncements on the relationship between those provisions, and some further specific issues raised in ICSID arbitrations. In particular, it looks at whether the standard of ‘reasonable doubt’, which is applied to the disqualification of arbitrators in certain other regimes, is compatible with the provisions of the ICSID Convention. The relatively low proportion of challenges to ICSID arbitrators that have led to disqualification suggests that the threshold for a successful challenge in ICSID appears to be higher than alternative regimes.

Keywords:   investment treaty arbitration, independence, impartiality, arbitrators, International Centre for Settlement of Investment Disputes, ICSID, reasonable doubt

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