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Article 15 - Periods of Office of Panel Members

from CHAPTER I - International Centre for Settlement of Investment Disputes

Published online by Cambridge University Press:  07 September 2010

Christoph H. Schreuer
Affiliation:
Universität Wien, Austria
Loretta Malintoppi
Affiliation:
Eversheds LLP
August Reinisch
Affiliation:
Universität Wien, Austria
Anthony Sinclair
Affiliation:
Allen & Overy LLP, London
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Summary

Art. 15 deals with the duration of service and consequences of a vacancy on the Panels.

The earlier drafts provided for four years of service on the Panels (History, Vol. I, pp. 76, 78). There were several suggestions that this term be extended. Eventually, it was fixed at six years with a possibility of renewal (History, Vol. II, pp. 144, 385, 386, 489, 562, 662, 722, 730, 731, 753, 935).

The Convention does not explicitly address the possibility of a removal or replacement of a Panel member before the expiry of the six years of service. During the Convention's drafting, there was a suggestion that Panel members should only serve “subject to the pleasure” of the designating authority; in other words, that the designation could be terminated at any time. Other delegates saw a danger to the independence of Panel members in this proposal. The idea to allow the removal of Panel members during their period of service was defeated in two votes (History, Vol. II, pp. 487–489, 562, 730–732). The peremptory language of Art. 15(1) (“shall serve for … six years”) also supports the interpretation that, once designated, a Panel member may not be withdrawn by the designating authority (see Art. 16, para. 6).

Type
Chapter
Information
The ICSID Convention
A Commentary
, pp. 52 - 53
Publisher: Cambridge University Press
Print publication year: 2009

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