Independence and Impartiality in the ICSID Convention and Arbitration Rules

Abstract

Cleis, ���7 | doi �0.��63/978900434�487_003 This is an open access chapter distributed under the terms of the cc-by-nc License. chapter 1 Independence and Impartiality in the icsid Convention and Arbitration RulesThis Chapter analyzes the icsid Convention's rules and regulations on arbitrators' independence and impartiality, arbitrators' disclosure obligations and the right of the disputing parties to remove unqualified arbitrators. It sheds light on the discussions relating to these provisions during the drafting process of the Convention, and interprets the relevant provisions of the Convention in light of the drafters' regulatory intent.The focus then shifts from the provisions of the icsid Convention and Arbitration Rules to the meaning of the notions of independence and impartiality, and the crucial question whether and how the parties' ability to appoint a decision-maker of their choice and the requisite independence and impartiality of this arbitrator can be reconciled.