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Appointment of Arbitrators in the Changing ISDS Landscape (Michele Potestà)

This paper deals with one aspect of the criticism raised against the current investor-State dispute settlement ("ISDS") system, namely the method whereby arbitrators are appointed to arbitral tribunals. It provides an overview of the main reform proposals that are intended to address such concern, in particular by granting a greater role to appointing authorities in the selection of ISDS arbitrators, by creating rosters or closed lists of adjudicators, and by establishing a multilateral Investment court composed of permanent judges.