Abstract

BONYUET LEE, Díckar  and  PEREZ PACHECO, Yaritza. About the Independence of the ICSID Arbitral Tribunals. Anu. Mex. Der. Inter [online]. 2020, vol.20, pp.273-314.  Epub Mar 19, 2021. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2020.20.14477.

The International Centre for Settlement of Investment Disputes (ICSID) is an institution devoted to the investor-State dispute settlement (ISDS). From the 1990’s the number of cases filed before the ICSID has increased. Nevertheless, the ICSID arbitrators’ independence for making their decisions has been questioned, since their awards are said to benefit the developed countries from where foreign investors/claimants tend to be. In this regard, the purpose of this research is to determine whether the decisions made by the ICSID arbitral tribunals are actually independent from their composition, as for their arbitrators’ nationality, through a statistical study of the awards.

Keywords : International Arbitration; Icsid Convention; International Investment Law; Investor-State Dispute Settlement; Impartiality and Independence.

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