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IBA Guidelines on Conflicts of Interest deemed of limited relevance to resolving arbitrator challenges brought under the UNCITRAL rules
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Sekolec nominates Peru’s arbitrator, and shortly thereafter is asked to adjudicate challenge by Peru to claimant’s nominee
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During lengthy debates over the constitution of the arbitral tribunal, Mr. Freyre disclosed numerous links with Peru
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Mr. Freyre’s involvement as legal counsel for Peru in numerous unrelated cases did not raise justifiable doubts with respect to the arbitrator’s independence
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Peru initially waived its right to challenge Mr. Freyre
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Disqualification request was timely due to late revelation of “new circumstances”
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Tribunal terminates arbitration proceedings, citing claimant’s failure to take procedural actions and to pay costs
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