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Request to disqualify Mr. Luz is dismissed
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Tribunal sees real risk that Ms. Dosman may recall details about the claimants’ case to which she was exposed through Vannin’s internal meetings and memos
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Arbitrators consider that disqualification of counsel is warranted only in case of “clear evidence of a material risk” that counsel received confidential information from claimants that would be significant to the arbitration
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Tribunal finds conclusion on applicable law consistent with previous case law
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Request for disqualification of counsel relates to the protection of the integrity and fairness of the arbitration proceedings, and it is governed by NAFTA, UNCITRAL Rules and international law
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Background: Claimants challenge government counsel who worked for litigation funder that they had consulted in relation to the arbitration; Canadian courts refer challenge to the arbitration tribunal
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