Investor Presentaiton

91 F. Arbitrator selection and arbitrator challenges Choosing arbitrators is an important step in any international arbitration. Most treaties are silent in that regard, and selection of arbitrators is governed by the applicable arbitration rules. A few recent treaties have included more specific details about the kinds of characteristics an arbitrator should possess, but this is still the exception rather than the rule. 1. Nomination procedures The common practice in international arbitration is that disputes are decided by a three-arbitrator panel. Each disputing party appoints an arbitrator and then depending on the applicable arbitration rules either the parties (e.g. ICSID Rules) or the party- appointed arbitrators (e.g. UNCITRAL Rules) agree on a presiding arbitrator. In the event the parties cannot agree on the presiding arbitrator, the IIA may name an appointing authority to make the selection, often, but not always, from a specified roster of panelists. The appointing authority will likely have the authority to appoint a disputing party's arbitrator in the event the disputing party has not named its own arbitrator within the requisite time period. The Canada-Panama FTA (2010) contains the following provision, which supplements (and overrides, in case of inconsistency) the applicable arbitration rules: "Article 9.25: Arbitrators 1. Except in respect of a Tribunal established under Article 9.27 ["Consolidation"], and unless the disputing parties agree otherwise, the Tribunal shall be composed of three arbitrators. One arbitrator shall be appointed by each of the disputing parties and the third, who will be the presiding arbitrator, shall be appointed by agreement of the disputing parties. UNCTAD Series on International Investment Agreements II

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