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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 (City Law School Research Paper 2021/12). London: City Law School, City, University of London.

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: Monograph (Working Paper)
Additional Information: Copyright 2021, the authors.
Publisher Keywords: Composition of ad hoc Committee, Discretion of the Chairman, Party autonomy, Qualification and experience of arbitrators, WTO Appellate Body
Subjects: J Political Science > JX International law
K Law > K Law (General)
Departments: The City Law School > Academic Programmes
The City Law School > CLS Working Paper Series
Date available in CRO: 07 Dec 2021 15:17
Date deposited: 7 December 2021
Date of first online publication: 1 December 2021
URI: https://openaccess.city.ac.uk/id/eprint/27237
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