| Abstrakt: |
This article conducts an exciting empirical study compiling and sorting ICSID data to prepare useful data sets identifying all the arbitrators, and amongst them the ‘leading arbitrators’, appointed in the recent Investor-State Arbitrations (ISAs) conducted under the ICSID Convention – Arbitration Rules, in all the relevant cases registered from the year 2011 onwards till 16 September 2016. The first data set, inter alia, identifies and lists rank-wise 188 such arbitrators in total. The author then prepares another derivative data set, culling the ‘leading arbitrators’ from the previous data set, on basis of their total number of appointments in the aforementioned representative period chosen for this study, and highlights interesting patterns showing most of them being appointed in the majority of cases for either of the parties or as the president of a tribunal. Certain interesting inferences are drawn from the above ‘leading arbitrators’ data set. By further correlation analysis, it confirms perceived positive correlation between previous and subsequent years appointments for the claimants and respondents throughout the representative period, highlighting exciting trends but, raising larger questions in the current ICSID arbitral practice, in this regard. |
