Investor Presentaiton

179 Arbitrator selection and challenges to arbitrators Most IIAS do not contain detailed provisions concerning arbitrators, leaving those matters to the arbitration rules. In response to concerns about the expertise of arbitrators, one option is to specify the qualifications that arbitrators should have, such as expertise in public international law and/or investment law, with a further option to require specialized expertise for certain categories of cases such as those relating to financial services. Another option is to establish a roster of arbitrators where each member State would nominate a number of persons and from which all arbitrators to hear specific cases must be chosen. It is debatable, however, whether a roster of such kind would give the parties enough flexibility to establish a tribunal and whether it might lead to political nominations. - Another concern relates to issues of "repeat appointments" when some arbitrators gain a reputation as "claimants' arbitrators" or "respondents' arbitrators", or are repeatedly appointed by the same type of party. One proposal is to eliminate the practice of party appointment altogether. Yet this proposal gives rise to many unanswered questions: who would make the appointments; from whence would the arbitrators be drawn? 210 Other proposals relate specifically to concerns about issue conflicts. One possibility is to provide in an IIA that only arbitrators who do 210 Paulsson, 2010. UNCTAD Series on International Investment Agreements II

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