Research On Challenge Of Arbitrators In Investment Arbitration

Along with the trend of world economic integration,investors from all over the world have stepped out of the country.Each host country has also actively formulated preferential policies and provided an investment environment to welcome foreign investors to carry out related investment activities.However,over time,the contradictions between the private interest of investors and the public interest of the host country have gradually emerged,local remedies and traditional commercial arbitration have been unable to properly resolve such investment disputes,which has led to the establishment of an investment arbitration system.In this new system,investment arbitrators undertake the obligation to maintain independence and neutrality in the investment arbitration process and ultimately to make a fair arbitral award.In order to effectively guarantee the fairness of the arbitration results,the existing international investment arbitration mechanism not only establishes the arbitrator’s selection system and the arbitrator’s disclosure obligation system,but also establishes an arbitrator’s challenge system,which enables arbitrators who have objective reasons and even loss of independence and impartiality due to subjective reasons evade in the case,thus maximizing the fairness and arbitral award of investment arbitration.The author close the following international investment agreements and free trade agreements as the discussed material,which are ICSID Rules of Procedure for Arbitration Proceedings、ICC Arbitration Rules、SCC Arbitration Rules、UNCITRAL Arbitration Rules.In order to introduce and analyze the provisions of these arbitration rules concerning the arbitrator’s challenge,combined with some cases in arbitration practice and academic analysis,we try to explore the arbitrator’s challenge procedure and the arbitrator’s challenge review criteria and analyze the arbitrators.The problem of legal liability arising from misconduct,etc.,is not avoided in time.In addition to the preface,this article is divided into four parts.The first part will clarify the basic concepts such as “international investment arbitration”,“international investment arbitrator” and “challenge of international investment arbitrators”,and analyze one of these basic concepts by analyzing characteristics or status.In the second part,the international investment arbitrator’s challenge review criteria will be analyzed in the logical order from the rule to the practice,from the putting forward to the challenge review.First of all,firstly extract and analyze the common characteristics of the arbitrators’ evasive provisions in the current international investment arbitration rules,mainly from the arbitrator’s qualifications and the arbitrator’s disclosure obligations.The basis of this has a macro feeling;secondly,from the traditional three cases that affect the independence of the arbitrators and the circumstances in which the parties evade,the case studies are respectively conflicts with multiple roles,and the conflicts of several cases and conflict of views;again,the criteria for reviewing the independence of arbitrators in combination with rules and cases are analyzed from procedures and entities,in an attempt to establish a concept for the independence of eligible investment arbitrators;finally,support for challenge applications from the recent three In the international investment arbitration case,the “third-party objective standard” review position is adopted to analyze the impact of the review position and the independence of the arbitrator in the traditional sense on the challenge review,and then examine whether it constitutes an arbitrator in investment arbitration a reduction in the review criteria for challenge.The third part describes the related matters of the arbitrator’s arbitral proceedings after the disqualification of arbitrators.After the arbitrator’s disqualification,the effectiveness of the arbitral proceedings that they have participated in and the effectiveness of the previous appointments have an impact on the overall arbitration progress;at the same time,the vacancies and fillings created by the arbitrators are also of concern to the parties’ focus.The fourth part explores the remedies taken by the arbitral tribunal to maintain the impartiality of the arbitration results when the arbitrators did not resign according to rules.Specifically,in response to the above phenomenon,the arbitral tribunal will grant the parties the right to apply for revocation of the arbitral award.In addition,the establishment of the arbitrator’s liability system will also play an important role in safeguarding the impartiality of the arbitral award.