Research On Challenge Or Disqualification Of Arbitrators In Investment Arbitration

International investment arbitration traditionally refers to investor-State arbitration whichinvolves States as one of the parties. So, this kind of arbitration is quite different frominternational commercial arbitration which only deals with the commercial disputes betweenprivate parties.《The ICSID Convention》and the ICSID are both the landmarks for thedevelopment of international investment arbitration. As the basis of international investmentarbitration, international investment treaties and international investment contracts alwaysincludes these agreements by the parties: Firstly, ICSID is always the most favorite forum forthe parties in institutional arbitration; Secondly, UNCITRAL Arbitration Rules is invariablyselected by the parties as arbitration rules in ad hoc tribunal; Thirdly, the parties may alsoconclude in the investment treaties or investment contracts that ICC would be the forum forresolving their disputes. So, ICC Rules could become arbitration rules in investmentarbitration tribunal.Mr. Phillip Yang has ever said that London is the centre of international maritimearbitration today; but tomorrow, Sahara would also become the centre of internationalmaritime arbitration only if our excellent arbitrators move to Sahara. These words may be alittle exaggerated but it indicates the importance of arbitrators in international arbitration;therefore, the leading arbitral institution, all over the world, request that arbitrators should beindependent and impartial. In order to keep arbitrators independent and impartial, most ofrelevant laws and arbitration rules authorized the parties to challenge or disqualify biasedarbitrators. However, we should also notify that international investment arbitration, such asICSID, is quite different from so-called international commercial arbitration in terms ofarbitration rules and tribunal’s decisions. Considering the differences of internationalinvestment arbitration, weak points of ICSID with regards to disqualification of arbitratorsshould be removed as soon as practicable.This article involves more than26,000words, and consists of six parts.The foreword introduces advantages of international arbitration in view of comparingwith traditional litigation, and analyses why disqualification or challenge of arbitrator isnecessary in international investment arbitration.Part One: Introduction to disqualification or challenge of arbitrators in the field ofinternational investment arbitration. And from the perspective of the differences of international investment arbitration, this part also research on the necessity to stipulatedisqualification or challenge of arbitrators.Part Two: Introduction to the relevant laws and arbitration rules concerningdisqualification or challenge of arbitrators. By analyzing the main arbitration rules in theworld, this part indicates that international investment arbitration, the most important ICSID,is quite different from international commercial arbitration.Part Three: Value analysis of ICSID decisions concerning disqualification or challengeof arbitrators. The experience of ICSID illustrates that parties would like to request fordisqualification of arbitrators on these basis: Firstly, relationship between an arbitrator and aparty; Secondly, relationship between an arbitrator and a counsel; Last but not the least, issueconflict of an arbitrator.Part Four: Hardly to win an application for disqualification or challenge of ICSIDarbitrators. Regarding with the importance of arbitrators in international investmentarbitration,《The ICSID Convention》should be necessarily improved. However, this partdemonstrates that the improvement of disqualification of ICSID arbitrators should refer tointernational commercial arbitration which has been developed very well. So regarding withdisadvantages of ICSID, parties should have something in mind when they select ICSIDarbitrators or disqualify them.