Party-Appointed Adjudicators in Public International Dispute Resolution

Abstract

The standard of independence and impartiality of party-appointed adjudications in public international dispute settlement is a challenging issue. A recent decision involving a challenge to a party-appointed abitrator determined that the standard that is applicable in inter-State arbitration is “justifiable doubts” as to the arbitrator’s independence and impartiality. This standard can be equated with specific prior involvement in the subject-matter of the dispute. This paper determines that this is correct and that there is no basis for distinguishing arbitration conducted under the auspices of the Permanent Court of Arbitration from judicial settlement at the International Court of Justice. Nevertheless, this paper suggests that the legitimacy of international tribunals may be increased if the role of the judge ad hoc were reconsidered as the rationale behind party-appointment no longer survives a deeper analysis in the context of the contemporary legal order. Procedures under the International Court of Justice, the chambers of the International Court of Justice, and the Permanent Court of Arbitration are considered.