Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals Pdf


By Eric L.
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13.04.2021 at 17:38
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challenges and recusals of judges and arbitrators in international courts and tribunals pdf

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No Civil law appeal was filed against the award but in August — when the time limit to appeal to the Federal Tribunal had run out — one of the parties became aware of the fact that an affiliate company of the company prevailing in the arbitration had received advice from the German member of the CMS network in an unrelated matter.

This paper presents an analysis of the various dimensions of independence and impartiality. Among other things, I will argue that the two concepts, both of which are profoundly implicated in the rule of law, can be conceived as values and are perfectly distinguishable from each other.

Lucius Caflisch. They included general courts, such as the International Court of Justice, as well as specialist courts and tribunals dealing with specific areas of international law, such as trade, investment and human rights. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. Pierre-Marie Dupuy. Homage to Judge Tullio Treves.

international courts and tribunals pdf

The author would like to thank Ms Margrit Trein for research and editorial assistance. The two Members decided that, in the circumstances, there were no grounds for the disqualification of Mr Born. While the proposal for his disqualification was unsuccessful, Mr Born nonetheless decided to resign from the case. Slightly more than a month later, a similar challenge in a different set of proceedings, again involving Mr Born, was decided in the same manner, which also led to his resignation. This case revolves around measures taken by the Spanish Government in relation to renewable energy, in particular solar energy, which prompted a series of investment arbitration cases against Spain.

The rough and tumble of international courts and tribunals

Finding International Cases. Cases may be differently named in each source. For example, you may see the SS Lotus case cited as:. The Case of the S. As there is no 'official' or 'authorised' international report series, any of the above versions can be used for citation purposes. Finding International Cases on a Topic. The Law Library holds this in print on Level 5.

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The PCA, a college of arbitrators, originated as an alternative to wars and arms race in Europe at the high noon of colonialism. The interwar bourgeoisie funded the ghostwriting of apathetic legal methods and capitalist norms in transnational tongues for the protection of alien investors. Post, the continuity of the structure of colonial legal arguments stood in the way of interrogating its essentialist ontology and capitalist teleology. As such, initially, the ICJ stood indifferent to the colonial question. In disputes arising due to the breach of colonial concession contracts, invertor-state tribunals billed the costs of producing legal norms to the new sovereigns.

Challenges and recusals of judges and arbitrators in international courts and tribunals

The rough and tumble of international courts and tribunals

The PCA can assist in the selection of arbitrators, and may be called upon to designate or act as appointing authority. The PCA is also a center for scholarship and publication, and a forum for legal discourse. This Research Guide is intended as a starting point for research on the Permanent Court of Arbitration.

Mariya Nikolova, Manuel J. This article critically analyses the reasoning of the Trial and Appeals Chambers of the STL as well as that of President Baragwanath in his partially dissenting opinion. The authors question the conclusion that an international tribunal — created via a Chapter VII resolution — has no duty to verify whether it was lawfully established before it exercises its primary jurisdiction. Such an approach goes against existing authorities, moves away from the general trend of exercising judicial scrutiny over Security Council action, and creates an impression that the STL shies away from demonstrating its impartiality and independence as well as its compliance with the highest standards of international justice. The authors argue that it would have been more judicially sound to affirm the inherent power of the STL to rule on whether it was lawfully established or not. They submit that President Baragwanath's approach — although not perfect — offers the more persuasive and nuanced legal reasoning to the issue at hand.


Challenges and recusals of judges and arbitrators in international courts and 4 Arbitrator Challenges at the Iran-United States Claims Tribunal .pdf (​showing the self-recusals of Judge Higgins and Judge Fleischhauer by informing the.


Introduction

Mr Ahmed Sallam. One of the primary sources of legitimacy of international arbitration in general is the independence and impartiality of arbitrators. Other grounds to disqualify arbitrators in investment arbitration are the nationality and the capacity. The challenging party will have to file promptly 12 its proposal to disqualify the arbitrator s with the Secretary-General, 13 after the constitution of the arbitral tribunal, who will transmit the proposal to the unchallenged arbitrators or to the Chairman of the Administrative Council, as the case may be. In some instances, a party will challenge the majority 18 or the totality 19 of members of the tribunal, and the challenge will be referred to the Chairman of the ICSID Administrative Council to decide on the proposal.

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals

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4 Comments

Angie C.
16.04.2021 at 09:32 - Reply

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals Download PDF. Prices from (excl. VAT): View PDF Flyer. Contents​.

Lucy V.
18.04.2021 at 15:04 - Reply

The Challenge and Recusal of Judges at the International Court. ofJustice 3 4 Arbitrator Challenges at the Iran-United States Claims Tribunal

Giuseppe J.
21.04.2021 at 10:20 - Reply

Please refer to this post as: Chiara Giorgetti, 'Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals.

Pascal P.
22.04.2021 at 07:55 - Reply

Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters.

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