Revealed: PCA Secretary-General rejects set of challenges against Brigitte Stern in contentious arbitration against Kazakhstan, after previous appointing authority that dismissed claimant’s objections against Ms. Stern’s nomination resigns

January 7, 2025Arbitrator Challenges and Recusals, Commonwealth of Independent States and Ukraine, UNCITRAL and Ad-Hoc
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[Updated] Gold miner withdraws challenge to Maxi Scherer in ICSID annulment proceedings stemming from high-stakes mining dispute with Romania

November 18, 2024Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Central/Eastern Europe, ICSID (World Bank), Mining Disputes
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Analysis: Co-arbitrators in NAFTA/USCMA case reject arbitrator challenge, finding that Philippe Sands’ remarks on third-party funding in distinct case do not evidence prejudgment or bias against third-party funded claimants and claims in general

November 7, 2024Arbitrator Challenges and Recusals, ICSID (World Bank), Mining Disputes, North American Free Trade Agreement (NAFTA)
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Co-arbitrators dismiss challenge against Philippe Sands in third-party funded NAFTA legacy arbitration against Mexico

October 22, 2024Arbitrator Challenges and Recusals, ICSID (World Bank), Mining Disputes, North American Free Trade Agreement (NAFTA)
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Revealed: In dismissing challenge against David Rivkin in multi-billion-dollar case, ICSID Chair seeks expert opinion from Pierre-Marie Dupuy, who finds that CAFTA parties agreed to waive limitations on arbitrators’ nationalities stemming from ICSID framework

August 12, 2024Arbitrator Challenges and Recusals, ICSID (World Bank)
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Appointing authority dismisses Russia’s challenges to Pierre-Marie Dupuy and Vaclav Mikulka in two Crimea arbitrations

February 1, 2024Arbitrator Challenges and Recusals, Commonwealth of Independent States and Ukraine, UNCITRAL and Ad-Hoc
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Revealed: Russia succeeds in disqualifying two arbitrators in ongoing and heretofore-confidential Crimea arbitration

January 23, 2024Arbitrator Challenges and Recusals, Commonwealth of Independent States and Ukraine, UNCITRAL and Ad-Hoc
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Analysis: Co-arbitrators uphold challenge against Rolf Knieper over his concurrent appointments as expert for Turkmenistan in two pending cases

January 12, 2024Arbitrator Challenges and Recusals, Commonwealth of Independent States and Ukraine, ICSID (World Bank)
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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

November 14, 2023Arbitrator Challenges and Recusals, UNCITRAL and Ad-Hoc, 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

November 9, 2023Arbitrator Challenges and Recusals, Commonwealth of Independent States and Ukraine, Energy Disputes, UNCITRAL and Ad-Hoc
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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

October 4, 2023Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Disputes, ICC Rules
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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

April 28, 2023Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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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

February 22, 2023Arbitrator Challenges and Recusals, Treaty-making, UNCITRAL and Ad-Hoc
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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

January 18, 2023Arbitrator Challenges and Recusals, ICSID (World Bank)
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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

December 8, 2022Arbitrator Challenges and Recusals, Central/Eastern Europe, ICSID (World Bank)
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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

October 13, 2022Arbitrator Challenges and Recusals, Transportation Disputes, UNCITRAL and Ad-Hoc, Venezuela
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ICSID Chair dismisses bid to disqualify ad hoc committee members in Conoco v. Venezuela case, following recommendation by Ian Binnie

September 28, 2022Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Disputes, ICSID (World Bank), Venezuela
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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

September 12, 2022Arbitrator Challenges and Recusals, Argentina, Energy Disputes, ICSID (World Bank)
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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

September 6, 2022Arbitrator Challenges and Recusals, India, Telecoms Disputes, UNCITRAL and Ad-Hoc
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Ad hoc committee members dismiss challenge to committee chair in ICSID annulment proceedings arising from opaque solar energy dispute

August 23, 2022Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain
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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

April 18, 2022Arbitrator Challenges and Recusals, Argentina, Energy Disputes, ICSID (World Bank)
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Arbitrators comings and goings: a new committee, a resignation, and a reconstituted tribunal

March 23, 2022Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain, Venezuela
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Arbitrators comings and goings: Two resignations and one appointment

December 21, 2021Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain, Telecoms Disputes, Venezuela
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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

November 15, 2021Arbitrator Challenges and Recusals, ICSID (World Bank), Venezuela
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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

October 22, 2021Arbitrator Challenges and Recusals, Energy Disputes, ICSID (World Bank), Venezuela
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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

October 14, 2021Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, ICSID (World Bank)
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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

September 23, 2021Arbitrator Challenges and Recusals, ICSID (World Bank), ISDS Reform, UNCITRAL and Ad-Hoc
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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

August 17, 2021Arbitrator Challenges and Recusals, Energy Disputes, ICSID (World Bank), Interim Measures Decisions
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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

July 23, 2021Arbitrator Challenges and Recusals, ICSID (World Bank), ISDS Reform, Treaty-making
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Klaus Sachs survives challenge in ICSID proceedings, on the heels of his disqualification from parallel ICC case

July 16, 2021Arbitrator Challenges and Recusals, Central/Eastern Europe, ICC Rules, ICSID (World Bank), Transportation Disputes
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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

July 16, 2021Arbitrator Challenges and Recusals, ICSID (World Bank), UNCITRAL and Ad-Hoc, Venezuela
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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

July 9, 2021Amicus Curiae Interventions, Arbitrator Challenges and Recusals, Central/Eastern Europe
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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

June 16, 2021Amicus Curiae Interventions, Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, ICSID (World Bank), ISDS Reform, Treaty-making
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UNCITRAL Secretariat releases notes on third-party funding and implementation of Code of Conduct

May 25, 2021Arbitrator Challenges and Recusals, ICSID (World Bank), Interim Measures Decisions, ISDS Reform, Payment of Awards, UNCITRAL and Ad-Hoc
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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

May 17, 2021Arbitrator Challenges and Recusals, ICSID (World Bank), Intra-European Union
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ICSID ad hoc committee members dismiss disqualification proposal in Eiser v. Spain post-annulment battle

April 28, 2021Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Analysis: ICSID tribunal sanctions non-compliance with security for costs order by discontinuing proceedings and awarding full costs to Latvia

April 19, 2021Arbitrator Challenges and Recusals, Commonwealth of Independent States and Ukraine, ICSID (World Bank), Interim Measures Decisions
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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

March 16, 2021Amicus Curiae Interventions, Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, Intra-European Union, SCC Rules (Stockholm), Spain
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