The Common Commercial Policy

Selecting Investment Arbitrators: Reconciling Party Autonomy and the International Rule of Law

“…114 The positive or negative nature of this recommendation is kept confidential, again for fear of discouraging applicants or damaging the individual in question's reputation. 115 In contrast, the ICC Advisory Committee prepares 'information and analysis, of a technical character, strictly on the suitability of the candidates' which is then circulated to all States Parties and observers in sufficient time to allow for votes are cast at the Assembly of States Parties. The identities of the candidates and a short report on the Committee's findings are also made publicly available in separate reports.…”

“…121 And in fact, it has been suggested that one factor in slowing up this process was indolence on the part of Member States. 122 Indolence is not something that has been identified as a cause of delay in the context of investment arbitration (unlike requests for bifurcation and arbitrator challenges for example 123 ) and as such there is no 113 See Point 7 of Panel's Operating Rules.…”