VII Special Procedures: Applications and Motions

Subject(s):

Challenge to appointment of arbitrator — Consolidation of claims — Third party participation

This chapter assesses five special procedures used in investment treaty arbitration: challenge of arbitrators; early dismissal of unmeritorious claims; interim measures; third party submissions; and consolidation. Challenge mechanisms allow the parties to a dispute to disqualify an arbitrator by demonstrating a reasonable objective concern that the arbitrator lacks the requisite independence or impartiality to serve. A request for interim relief is a method of obtaining temporary assistance from an arbitral tribunal until a final award is rendered. The parties to investment arbitration frequently request such relief to preserve their rights, conserve the status quo, and prevent aggravation of the dispute. Lastly, consolidation is the unification of two or more separate proceedings in a single arbitration, which is possible only in very limited circumstances.