Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform

When parties bring claims under investor-state dispute settlement (“ISDS”) procedures, who should serve as decision-maker? Relevant ask the question in different settings and with criteria mind. A party a dispute, contemplating ISDS proceedings, whether by it or against it, likely will focus on qualities of particular individuals available to arbitrators. Party-appointed panelists charged applicable instrument choosing neutral chair, institutional appointing authorities that task arbitrators default choice, also turn their minds candidate assessment. Different institutions might look for somewhat qualities, but all are called upon make choice think about how best assess candidates.