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Composition of ad hoc Committee for annulling ICSID Arbitral Award: Appraising the Participation of Parties and Contracting States

Zulker Nayeen, M. S. ORCID: 0000-0001-5242-8728 (2021). Composition of ad hoc Committee for annulling ICSID Arbitral Award: Appraising the Participation of Parties and Contracting States. Rajshahi University Law Review, XI,

Abstract

The International Centre for Settlement of Investment Dispute (ICSID) provides a delocalized system for reviewing an arbitral award passed by its original tribunal. In this system, review against any arbitral decision is heard and decided by an ‘ad hoc Committee’ composed by the Chairman of the Administrative Council of ICSID. Some commentators criticize that the present Committee-composition system confines the party-autonomy and effective participation of ICSID Contracting States in the process. Consequently, some stipulations regarding the qualifications of the arbitrators are not being fully sustained, and the parties are not getting their disputes resolved by the arbitrators they desire. The present study approaches to the ways of ensuring party-autonomy, the participation of the parties and Contracting States in the composition of the ad hoc Committee. In doing so, the compositions of World Trade Organization (WTO) Appellate Body and the International Court of Justice (ICJ)have been discussed to entice an analogy with that of ICSID ad hoc Committee.

Publication Type: Article
Additional Information: This article has been published in Rajshahi University Law Review and it is shared for academic and research purposes.
Publisher Keywords: ICSID; ICSID Arbitration; Annulment; Party autonomy
Subjects: J Political Science > JX International law
J Political Science > JZ International relations
Departments: The City Law School > Academic Programmes
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