The Independence and Impartiality of ICSID Arbitrators by Maria Nicole Cleis

chapter 1
Independence and Impartiality in the icsid
Convention and Arbitration Rules
This Chapter analyzes the icsid Convention’s rules and regulations on arbitra-

tors’ independence and impartiality, arbitrators’ disclosure obligations and the 
right of the disputing parties to remove unqualified arbitrators. It sheds light 
on the discussions relating to these provisions during the drafting process of 
the Convention, and interprets the relevant provisions of the Convention in 
light of the drafters’ regulatory intent.
The focus then shifts from the provisions of the icsid Convention and Ar-

bitration Rules to the meaning of the notions of independence and impartial-

ity, and the crucial question whether and how the parties’ ability to appoint a 
decision-maker of their choice and the requisite independence and impartial-

ity of this arbitrator can be reconciled.
1 Legal Framework and Drafting History
1.1 The Requirement of Independence and Impartiality
icsid arbitrators must be both independent and impartial. The requirement 
of independence is set forth in Article 14 para. 1 icsid Convention, which 
states that arbitrators shall be “persons … who may be relied upon to exer-

cise independent judgment.” Impartiality, which is usually paired with the 
obligation of independence, is not explicitly called for in either the English 
or the French47 version of the Convention. The Spanish version of Article 14 
para. 1 does however stipulate that arbitrators must be impartial. Since all 
language versions of the icsid Convention are equally authentic, there is 

The Independence and Impartiality of ICSID Arbitrators by Maria Nicole Cleis