Bibliographie sélective OHADA

This Chapter aims to distill a consistent approach to arbitrators’ independence and impartiality from past decisions on disqualification requests. In a first part, the interpretation of the manifest lack requirement provided for in Article 57 icsid Convention is scrutinized. The definition of this threshold (i.e. the burden of proof imposed on the challenging party) is crucial, because it determines the effectiveness of the right to an independent and impartial decision-maker. The second part of the Chapter inquires how specific categories of alleged conflict are dealt with. It seeks to derive consistency and predictability from the outcome or reasoning of disqualification

In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis examines the standard of independence required under the ICSID Convention, as evidenced in existing disqualification decisions, and makes novel suggestions for reforms to ensure unbiased decision-making. Readership: All interested in International Investment Law and investor-State arbitration in particular. Readership includes academics, lawyers and arbitrators involved in investment-related disputes (including in-house counsel), treaty negotiators and NGOs.