Appointing authority dismisses Russia’s challenges to Pierre-Marie Dupuy and Vaclav Mikulka in two Crimea arbitrations

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Revealed: Russia succeeds in disqualifying two arbitrators in ongoing and heretofore-confidential Crimea arbitration

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Analysis: Co-arbitrators uphold challenge against Rolf Knieper over his concurrent appointments as expert for Turkmenistan in two pending cases

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Analysis: Blog post and comments against request for disqualification led to removal of Fernandez Rozas from UNCITRAL tribunal in Santamarta v. Venezuela

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Analysis: UNCITRAL tribunal in DTEK Krymenergo v. Russia upholds jurisdiction over claim for expropriation of Crimean assets, rejects corruption allegations, and awards 200+ million USD to the Ukrainian investor

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Paris Court of Appeal finds that “sparse and dated” links between arbitrator and appointing party do not suffice to consider that tribunal was improperly constituted

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Analysis: Unchallenged arbitrators are unconvinced that decades-old criminal conviction that was overturned by Italy’s Supreme Court warrants Charles Poncet’s disqualification from renewable energy case

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After meeting in Vienna, members of UNCITRAL Working Group on ISDS are still unsure about scope of double-hatting prohibition in code of conduct for arbitrators

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Analysis: ICSID Chair disqualifies former senior government official from hearing claims under the Ukraine-US BIT based on his ongoing advisory function for the US government; conflict cannot be cured

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Analysis: Reasons for dismissal of Albania’s challenge against Charles Poncet surface; co-arbitrators grapple with “questions of first impression” arising from partial reconstitution of original tribunal in the context of ICSID revision proceedings

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New BIT case against Venezuela comes to light, as state successfully challenges claimant’s appointee over activities of law firm colleague

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ICSID Chair dismisses bid to disqualify ad hoc committee members in Conoco v. Venezuela case, following recommendation by Ian Binnie

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Co-arbitrators dismiss mid-hearing challenge against chair Inka Hanefeld; decision addresses failure to disclose involvement in Green Power arbitration and conduct at the hearing

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India challenges replacement arbitrator in BIT arbitration, following the state’s earlier successful bid to disqualify the claimant’s previous appointee

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Ad hoc committee members dismiss challenge to committee chair in ICSID annulment proceedings arising from opaque solar energy dispute

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[Updated with document] ICSID Chair dismisses Argentina’s argument that a series of events surrounding the organization of a hearing warrant the disqualification of the entire tribunal

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Arbitrators comings and goings: a new committee, a resignation, and a reconstituted tribunal

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Arbitrators comings and goings: Two resignations and one appointment

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Analysis: GKK-chaired tribunal finds that Venezuela did not consent to arbitration under ICSID’s AF Rules and opines that MFN clauses cannot be used to create jurisdiction

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Venezuela lodges yet another challenge against Stephen Drymer, following the arbitrator’s disqualification and resignation in two other cases against the state

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UPDATED: After local award is set aside due to arbitrator non-disclosure, and new contract arbitration is pursued, Chilean investors turn to BIT arbitration in relation to another dispute with Costa Rica

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ICSID and UNCITRAL release third version of their Code of Conduct for Adjudicators, offering several options for regulation of double-hatting and other issues

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[Updated] Shortly after the tribunal is constituted, Nigeria challenges Shell’s nominee in ICSID case – while underlying fifty-year-old oil spill dispute is reportedly settled

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Stakeholders submit comments on latest version of ICSID and UNCITRAL Draft Code of Conduct for Adjudicators; states and observers remain divided as to provisions on double-hatting

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Klaus Sachs survives challenge in ICSID proceedings, on the heels of his disqualification from parallel ICC case

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PCA Secretary-General upholds challenge to Stephen Drymer, finding possible asymmetry of information with his co-arbitrators given his participation in parallel ICSID AF arbitration

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[Updated] VIAC Rules of Investment Arbitration come into force; new rules regulate counterclaims, third-party funding, security for costs and expedited proceedings, and provide for limited transparency

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ICSID publishes fifth working paper, proposing new provisions on ownership and control, third-party funding and costs; Secretariat invites state parties to proceed to a final vote

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UNCITRAL Secretariat releases notes on third-party funding and implementation of Code of Conduct

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Banking claim against Latvia proceeds to the next stage, as arbitrators render decision on bifurcated issues involving discussion of Brexit and intra-EU objection

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ICSID ad hoc committee members dismiss disqualification proposal in Eiser v. Spain post-annulment battle

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Analysis: ICSID tribunal sanctions non-compliance with security for costs order by discontinuing proceedings and awarding full costs to Latvia

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Analysis: Tribunal in FREIF v. Spain relies on the claimant’s own due diligence to determine that the investor could not legitimately expect a fixed return

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[CORRECTED] French court annuls finding of lack of jurisdiction over civil war claims, but upholds remainder of commercial award in favour of Libya’s National Oil Company; Libya and NOC are still facing trio of arbitrations arising from same dispute

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Analysis: Tomka-chaired tribunal finds violation of non-impairment standard, but dismisses remaining claims arising out of Venezuelan oil and gas investment

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[Updated] CETA parties adopt decisions on appellate tribunal, joint interpretation procedure, code of conduct, and mediation rules

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UNCITRAL Working Papers on appeal mechanism and selection and appointment of ISDS adjudicators reveal rift between parties as to desirability of standing investor-state dispute settlement body

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ICSID and UNCITRAL release comments from stakeholders on draft code of conduct for ISDS adjudicators; frequently-appointed arbitrators raise concerns about the project

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ICSID dismisses arbitrator challenge in Spanish renewables case; decision to hold virtual hearings does not warrant the tribunal’s disqualification

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Panama Canal consortium initiates set-aside proceedings against commercial award, alleging failure to disclose potential conflicts of interest

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Arbitrators comings and goings: Switzerland seeks applicants for ICSID panels, the UK reveals its panel nominees, and Egypt arbitration sees new chair

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ICSID sees no pro-state bias by Zachary Douglas in Sumrain v. Kuwait; tribunal is reluctant to suspend proceedings due to COVID-19 in light of provisional measures request

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Arbitrators comings and goings: Three replacements and one resignation

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Analysis: Majority in Interocean v. Nigeria uphold jurisdiction under Nigeria’s investment law, while dissenter finds that the claimants were never properly registered; however, the investors’ local partner’s actions cannot be attributed to Nigeria

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