Investor Presentaiton

73 Challenge to Arbitrators Seat of the proceedings Provisional measures The remaining members of the tribunal decide the challenge in the first instance; should they be unable to come to a decision (or in the event the challenge is to a sole arbitrator or a majority of the arbitrators), the President of the Administrative Council makes the decision. Arbitration is de- localized and not subject to the laws of the State of the seat of arbitration. Any open question of procedure is within the tribunal's discretion. Formally are of recommendatory nature. Some arbitral interpretations suggest that they are orders having binding force. The appointing authority decides the challenge (1976 and 2010 Rules) Seat chosen by the parties. If the parties do not agree, the tribunal decides in its discretion (1976 and 2010 Rules). National laws of the seat will apply to the arbitration. Local courts of the seat perform supervisory and support functions (e.g., may order provisional measures and review the award). Are binding on the parties and can be enforced as an arbitral award (1976 and 2010 Rules). UNCTAD Series on International Investment Agreements II

View entire presentation