Investor Presentaiton
72
INVESTOR-STATE DISPUTE SETTLEMENT: A SEQUEL
arbitrators in
three-
arbitrator
proceeding
Nationality of
arbitrators
on the appointment
process; generally
each party appoints
one arbitrator and the
parties together
choose the third
arbitrator.
In case a party fails to
appoint an arbitrator
or the parties cannot
agree on the president
of the tribunal, the
relevant appointments
are made by the
Chairman of the
ICSID Administrative
Council.
For a three-arbitrator
panel, a party may not
select an arbitrator of
the nationality of
either party, unless the
other party agrees.
(For a five-arbitrator
panel, each party may
choose one arbitrator
of its own nationality.)
arbitrator and those two
arbitrators choose the
presiding arbitrator
(1976 and 2010 Rules)
In case a party fails to
appoint an arbitrator or
the appointed arbitrators
cannot agree on the
president of the tribunal,
the relevant
appointments are made
by the "appointing
authority". The
appointing authority
may be designated in the
IIA, chosen by the
disputing parties, or,
failing such agreement,
designated by the
Secretary-General of the
PCA at the request of a
party.
No restrictions. (Where
an arbitrator is appointed
by an appointing
authority, the latter
"shall take into account
the advisability of
appointing an arbitrator
of a nationality other
than the nationalities of
the parties".) (1976 and
2010 Rules).
UNCTAD Series on International Investment Agreements IIView entire presentation