The very nature of an arbitrator requires that she or he be imbued with the principles of independence and impartiality, qualities that should never be doubted. Nonetheless, there has recently been an increased number of challenges to arbitrators in Investment Arbitrations subject to the procedures of the International Centre for Settlement of Investment Disputes (the “ICSID”). There is a strong view that the ICSID arbitrators appear to be earning an unfortunate reputation as lacking in the aforementioned independence and impartiality due to, for example, multiple appointments by the same parties or counsel who happen to be called upon to resolve similar disputes or issues at the ICSID. What is happening in practice is very far removed from the essence of such principles and, for that matter, arbitration itself. Therefore, I believe we must reflect on the parties’ willingness to exercise their freedom to appoint the arbitrator of their preference, while naturally considering the convenience of determined arbitrators’ expertise in particular issues or facts which repeatedly arise in certain cases. The other side of this coin is that multiple appointments of the same arbitrators could well be leading to an unhealthy perception of bias and credibility, putting at risk the very credibility of the ICSID system.

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