| At present,the ICSID arbitration arbitrator selection system follows the principle of autonomy of will between the contracting parties and the parties.In the selection of the list of arbitrators ICSID give states parties greater freedom,;In the composition of the arbitration tribunal,adopt the unilateral appointment system and the chief arbitrators joint appointment system,effectively guarantee the participation of all parties in the ICSID cases.However,the ICSID arbitrator selection system has caused the problems of the generalization,diversity,impartiality and lack of transparency of arbitrators in reality,as a result,it cannot take into account the interests of all parties,damage the legitimacy of arbitration,and cause a crisis of trust,so it should be reformed.In the reform,the characteristics of the identity of the ICSID system,the dispute matters and the transparency requirements different from other arbitration systems should be taken as the starting point for setting its reform objectives.The realization of the balance of interests in the selection system,the guarantee that all parties are treated fairly in the process of selection and the efficiency of the selection.Combining the specific problems and reform objectives in the selection system,and on the basis of drawing on the experience of other arbitration systems,to improve the professionalism of arbitrators by raising the qualification threshold of arbitrators,setting up the observer system of arbitrators and strengthening the training of registered arbitrators;Improve the diversity and representation of arbitrators by improving the qualification level of developing countries and young arbitrators;From the perspective of standardizing the appointment procedure of the chief arbitrators,enhancing the appointment procedure and the transparency of the arbitrators,we will ensure the energy and time limit of the arbitrators to perform their duties,and improve the efficiency of the selection of ICSID arbitrators.In addition,in the reform of ICSID arbitrators selection system,Chinese arbitrators should closely follow the reform process,improve themselves according to the standards of excellent arbitrators,and enhance their own qualification level and competitiveness. |
