Past Debates over Selection and Appointment

Author(s):  
David S. Wall
2012 ◽  
Vol 25 (5) ◽  
pp. 442-452
Author(s):  
Mark L. Bassett ◽  
Wayne P. Ramsey ◽  
Christopher C.A. Chan

Author(s):  
Chiara Giorgetti

AbstractThis book explores and assesses two essential features in investor state dispute resolution (ISDS): the selection and the removal of arbitrators. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, this book explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. It then reviews critically the necessary and desirable qualities for arbitrators’ selection and appointment, and addresses some important and related policy issues, such diversity and repeat appointments. Finally, it discusses the recent calls to review the methodologies used to appoint arbitrators, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Group III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes (ICSID Secretariat). In its second part, the book addresses the companion and similarly important issue of challenging and removing arbitrators. It does so by reviewing first the provisions that are appplied under a variety of arbitration rules to remove arbitrators who fail to possess the necessary qualities to sit in arbitral proceedings. It then evaluates the reasons for challenge and discusses some important cases that addressed challenges. The book assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.


Author(s):  
Christina L. Boyd ◽  
Michael J. Nelson ◽  
Ian Ostrander ◽  
Ethan D. Boldt

In this chapter, we explore the selection and appointment of federal prosecutors. We review the historical development of the Senate confirmation process for U.S. Attorneys, emphasizing that these officials are a rare federal office in which all three branches of government play a role in the staffing process. We then turn to an empirical examination of how politics plays an important role in determining whether U.S. Attorney nominations are confirmed by the Senate as well as how long it takes to receive confirmation. We reveal wide disparities in the extent to which Democrat and Republican Administrations have valued demographic diversity among federal prosecutors. Moreover, we demonstrate that, while presidents nearly always succeed in their nominations of U.S. Attorneys, confirmations are speedier and more likely to be successful when the president and Senate are ideologically aligned and when the president enjoys widespread popularity.


Author(s):  
İzzet KARACA ◽  
Mustafa ÖZCAN ◽  
Nahide KARACAKARACA

In 2021, the Ministry of National Education published a Regulation on the Selection and Appointment of Managers to Educational Institutions. In this research, the aforementioned regulation has been examined within the framework of 11 goals that are grouped under four headings for managers in the 2023 Education Vision. While it is observed that there are regulations regarding five of these targets in the regulation, there is no regulation regarding five targets. A target, on the other hand, was not taken into consideration as it is at the law level.


2015 ◽  
Vol 46 (4) ◽  
pp. 1179
Author(s):  
Catherine Rogers

New Zealand Law Foundation International Dispute Resolution Lecture 2013, delivered at Stone Lecture Theatre, University of Auckland Faculty of Law, 26 November 2013. This essay derives from that lecture, which considers the important issue of arbitrator selection, appointment and challenge standards and procedures, and introduces the Arbitrator Intelligence project – a proposed solution for informational asymmetries that can affect the fairness of arbitrator selection and appointment.


Sign in / Sign up

Export Citation Format

Share Document