Selection and Appointment of Adjudicators: Key Issues and Current Research
This roundtable will discuss three recent Academic Forum papers on selection and appointment. Key lessons from these papers as well as the broader academic literature on selection and appointment will be drawn out and discussed by a panel of academics, international officials, and state representatives.
Ong Chin Heng, Senior State Counsel, Attorney-General’s (Government of Singapore)
Omotese Eva, Deputy Director, Ministry of Justice (Government of Nigeria)
David Gaukrodger, Senior Legal Advisor (OECD)
Dirk Pulkowski, Senior Legal Counsel (Permanent Court of Arbitration)
Mairee Uran Bidegain, Ministry of Foreign Affairs, (Government of Chile)*
Malcolm Langford, Professor, University of Oslo and Chair, ISDS Academic Forum
Themes and questions
- Independence and accountability. What are the options for addressing the trade-off between independence and correctness/accountability in appointment? Will greater independence of adjudicators increase or decrease procedural fairness, including concerns over costs and duration?
- Representativeness. Can diversity be secured in more centralized appointment mechanisms such as rosters and permanent bodies, and how?
- Expertise and desired qualifications. How could adjudicators be screened and selected before appointment and what are the trade-offs?
- Removal. What procedures should govern removal from a roster or permanent body?
Academic Forums papers to be discussed
- Olof Larsson, Theresa Squatrito, Øyvind Stiansen and Taylor St John, Selection and Appointment in International Adjudication: Insights from Political Science, Academic Forum on ISDS Concept Paper 2019/10
- Andrea K. Bjorklund, Marc Bungenberg, Manjiao Chi, Catharine Titi, Selection and Appointment of International Adjudicators: Structural Options for ISDS Reform, Academic Forum on ISDS Concept Paper 2019/10
- Malcolm Langford, Daniel Behn, and Maria Chiara Malaguti, The Quadrilemma: Appointing Adjudicators in Future Investor-State Dispute Settlement, Academic Forum on ISDS Concept Paper 2019/12
The first paper conducts a political science analysis of 24 international courts, the second a structural analysis of different arbitration systems and courts, and a third the implications of different appointment options for the six concerns identified in the UNCITRAL WGIII ISDS reform process.
* In her personal capacity.