Disclosure, Independence and Impartiality, International Commercial Arbitration, Investment Arbitration, Working Group III, WTO
The Threshold for Challenges in ICSID Arbitration: Interpreting the ‘Manifest Lack’ Standard
The strength of any dispute settlement mechanism will depend upon its consistency with the requirements of independence and impartiality. Disclosures made by adjudicators prior to adjudicating a dispute, and challenges raised against adjudicators during the course of dispute settlement, target a perceived absence of independence or impartiality. The purpose of this post is to juxtapose…