| To provide host States and investors with an international device applying ICSID Convention to settle their disputes in an arena which offers the guarantee of independence and impartiality,ICSID Convention stipulates that a party may propose the disqualification of arbitrators on account of any fact indicating a manifest lack of independence.But the understanding of the word ’manifest’ in Article 57 is different,the applied standard of independence varies.The ’reasonable doubts standard’ and’manifest standard’ had been applied for decades,and from November,2013,ICSID started to adopt ’appearance standard’.It’s believed ’manifest standard ’ and’appearance standard’ has put a heavy burden of proof,setting a high bar for the challenging party,which leads to a situation that the challenges are barely to be held.By using case analysis and comparative analysis methods,the author intends to analyze and summary the three standards,and to seek a more reasonable interpretation of ’manifest’ by referring to the object and context of the ICSID Convention,hoping to provide help for the disqualification of arbitrator system.The first part describes the necessity of independence of ICSID arbitrators and the relevant articles of ICSID Convention and ICSID Arbitration Rules.Comparing to international commercial arbitration,ICSID arbitration has a higher pursuit in independence since ICSID arbitral decision not only affects the significant economic benefits of the parties but also influences the public interests of the host country.The second part of the article expounds the ’reasonable doubts standard’,’manifest standard’ and ’appearance standard’ by case analysis method,and analyzes and compares the factors of the three standards.The latter two standards are higher and stricter than the first standard,which has referred to the ’justifiable doubts standard’ in international commercial arbitration,since they interpret the word’manifest’ literally.The third part of this paper states the improvement suggestions of the independence standard.The author firstly demonstrates the disadvantage of the ICSID practice that the purpose of the system of disqualification of arbitrators has been damaged since the challenges are barely held due to the abnormally high standards.Then the author explains that ICSID shall adopt ’reasonable doubts standard’ in accordance with the object and context of the ICSID Convention instead of adopting a standard higher and stricter than international commercial arbitration.Meanwhile,Chinese arbitration institutions shall adopt ’reasonable doubts standard’ rather than excessively high standards regarding the independence of arbitrators in international investment arbitration. |
