Paparinskis, M;
(2018)
Comments to OECD Consultation Paper on Appointing Authorities and the Selection of Arbitrators in Investor-State Dispute Settlement.
UCL Faculty of Laws: London, UK.
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Abstract
The role and function of appointing authorities is an important issue in international dispute settlement, both in general and in investor-State dispute settlement in particular. The OECD Secretariat is to be commended for addressing the topic in this very fine Research Paper. I will divide my observations into three parts, addressing in turn the following questions: (1) How does the practice of appointing authorities in investor-State dispute settlement compare with international dispute settlement more generally? (2) What is the function of appointing authorities in international dispute settlement? (3) Is the current practice of appointing authorities desirable, in light of their function? In particular, is the limited extent of disclosure and explicit guidance regarding relevant criteria for selection of arbitrators desirable? The key point of my submission is that States and other stakeholders should reflect upon whether current practice of appointing authorities in investor-State dispute settlement fits within modern international dispute settlement at all; or fits only for some (particularly constituted) appointing authorities; or, finally, perhaps the limited disclosure and the delegation of hard policy calls to appointing authorities is the best possible solution, accurately reflecting the lack of underlying political consensus among the stakeholders.
| Type: | Working / discussion paper |
|---|---|
| Title: | Comments to OECD Consultation Paper on Appointing Authorities and the Selection of Arbitrators in Investor-State Dispute Settlement |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://www.oecd.org/fr/investissement/consultatio... |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10046041 |
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