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

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

Name: Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals
Brand: Brill Nijhoff
SKU: 9789004302112
Price: 2088.10 HKD
Availability: InStock
Author: Chiara Giorgetti
ISBN: 9789004302112

By Chiara Giorgetti

Brill Nijhoff August 2015

Specifications

ISBN-13: 9789004302112
Publisher: Brill Nijhoff
Publication: August 2015
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution.

In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts.

The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.

Preface

Contributors

Abbreviations

Introduction

Chiara Giorgetti

1. The Challenges and Recusals at the International Court of Justice

Chiara Giorgetti

2. Disqualification of Arbitrators Under the ICSID Convention and Rules

Meg Kinnear and Frauke Nitschke

3. The Determination of Arbitrators Challenges by the Secretary-General of the Permanent Court of Arbitration

Sarah Grimmer

4. Arbitrator Challenges at the Iran-United States Claims Tribunal

Lee M. Caplan

5. Challenges of Arbitrators, Lessons from the ICC

Loretta Malintoppi and Andrea Carlevaris

6. Selection and Recusal in the WTO Dispute Settlement System

Gregory J. Spak and Ron Kendler

7. Challenges of Judges in International Criminal Courts and Tribunals

Makane Moïse Mbengue

8. Issue Conflicts and the Reasonable Expectation of an Open Mind: The Challenge Decision in Devas v. India and its Impact

Romain Zamour

9. Late-in-the-Day Arbitrator Challenges and Resignations: Anecdotes and Antidotes

Judith Levine

10. Repeat Arbitrator Appointments in International Investment Disputes

Luke A. Sobota

11. Tall and Small Tales of a Challenged Arbitrator

Charles N. Brower, Sarah Melikian and Michael P. Daly

12. The Approach of Counsel to Challenges in International Disputes

Andrew B. Loewenstein

13. Challenges to Party Representatives and Counsel Before International Courts and Tribunals

Hansel T. Pham and M. Imad Khan

14. Challenges to Arbitrators in Asia: The Position Before the Singapore and Hong Kong Courts

Lucy Reed, John Choong and Chan Yong Wei

15. Arbitrators Challenges in Latin America

Jonathan Hamilton, Francisco X. Jijon and Ernesto E. Corzo

Index

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Table of Contents

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