Research On Arbitrator Appointment System In ICSID Reform

The International Center for Settlement of Investment Disputes(ICSID),as a permanent institution specialized in solving investment disputes between foreign investors and host countries,plays an irreplaceable and key role in the field of international investment arbitration.The ICSID mechanism centered on the Washington Convention originated from the general international commercial arbitration and inherited many rules of the latter.As an important part of the ICSID mechanism,the arbitrator appointment system is no exception.However,ICSID mechanism is different from general international commercial arbitration in many aspects,such as the source of arbitrators,transparency requirements,legal framework,case management characteristics and the subject of starting arbitration procedure,which leads to ICSID arbitrator appointment system which basically follows the value orientation of general international commercial arbitration cannot meet the actual needs of ICSID mechanism.A series of problems are mainly manifested as follows: in terms of the way of selection,there is a great risk that the unilateral selection mechanism of the parties will damage the foundation of the arbitration system;the rigor and transparency of the selection procedure are low;the arbitrators are lack of representation in terms of gender,geographical distribution,ethnicity and age.In terms of qualification conditions,professional qualification requirements are lackingand moral quality standards are vague.Thus,in practice,the ICSID award is inconsistent,and the arbitration award is out of balance with the interests of the parties.To improve the system of ICSID arbitrators appointment should have been the key problem in ICSID reform.However,at present,the relevant problems in the appointment system of arbitrators have not been paid enough attention to and solved,so it is undoubtedly of great theoretical and practical significance to analyze the problems existing in the appointment system of ICSID arbitrators in this context,and to explore the perfect path of the appointment system of ICSID arbitrators.As ICSID is an important way of international dispute settlement,and it performs well in properly handling investment disputes and optimizing investment environment,its appointment system should follow the general and basic contents of the appointment system of International Dispute Settlement Body,and at the same time retain the particularity as a special mechanism for solving investment disputes.At the general level,it explores the value objectives and main considerations of the appointment system of judges of International Dispute Settlement Body,and analyzes the current situation of the appointment of judges of International Dispute Settlement Body represented by the International Court of Justice,the International Tribunal for the law of the sea,the WTO appellate body;at the special level,it focuses on the EU investment court system,which is committed to investment dispute settlement together with ICSID.It summarizes the basic concept of referee selection in this system,and then analyzes the new scheme of EU in terms of referee selection mode and qualification conditions by combining the relevant provisions of TTIP,CETA and EUMFTA.Finally,combining the research results of the general and special aspects,this paper puts forward suggestions for the existing problems,in order to provide a little help for the continuous development and improvement of ICSID arbitrator appointment system: ICSID arbitrator appointment system should pursue the value goal of independence,justice and efficiency.And take procedure,qualification and representativeness as key contents to embody in specific regulations and selection practice.In terms of the selection method,it is suggested to retain the unilateral selection mechanism of the parties,cancel the open roster system of arbitrators,andintroduce the random selection mechanism on this basis;increase the transparency of the process,formulate strict and transparent selection procedure rules,update and disclose the important contents involved in the selection process in a timely manner;and improve the diversity of arbitrators from the cross perspective.In terms of qualification conditions,professional qualification requirements shall be supplemented;moral standards shall be refined and codes of conduct shall be formulated.