Testing the ICSID Framework for Arbitrator Challenges

Abstract

This article is a structural analysis of the ICSID framework for challenges to arbitrators. It looks at the way the relevant provisions of the ICSID Convention and the ICSID Arbitration Rules have been interpreted and applied, and considers how the increased rate of challenge in recent years may be explained by certain structural flaws in the ICSID framework. The analysis includes ways in which these flaws may be addressed, either by amendment of the ICSID Arbitration Rules or by the agreement of the parties.