ICSID Annulment Committee Appointments: Too Much Discretion for the Chairman?

Abstract

This article critically examines the system by which individuals are appointed to International Centre for Settlement of Investment Disputes (ICSID) annulment committees. It observes the largely unilateral and highly discretionary role of the ICSID Chairman in this process, urging greater participation in the selection of annulment committees by the Member States of ICSID in order to improve the transparency and legitimacy in this crucial feature of ICSID dispute settlement. A procedure similar to that adopted with respect to the World Trade Organization's Appellate Body may be instructive in this regard.