Deficiencies and Perfection of Arbitrator Withdrawal System in ICSID Convention: ICSID Arbitration Practice as a Perspective
Abstract
The system of arbitrator withdrawal is the key to ensure the independence and impartiality of arbitrators in international investment arbitration. ICSID arbitration practice reflects ICSID Convention's lack of arbitrator independence and impartiality, fails to address the "Conflict of Identity" of arbitrators and fails to balance conflicting issues of law in arbitral tribunals. To improve the ICSID Convention, three measures should be taken to clarify the connotation of arbitrator independence and impartiality, improve the arbitrator disclosure system, and improve the decision method of withdrawal application.
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DOI: http://dx.doi.org/10.18686/fm.v7i4.5359
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