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Court sees no evidence of long-standing prejudice by Mr Poncet, also considering his prior support of Muslim community
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Grounds for challenge must have existed at the time of the challenged decision
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Court refers to IBA Guidelines on Conflicts of Interest to assess lack of impartiality and independence, stressing importance of “duty of curiosity”
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Court weighs in on relevance of decision on disqualification to ground of improper constitution of tribunal
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Adverse outcome of decision is sufficient to establish standing
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Incomplete disclosure of law firm’s role in other ICC case forces Mr Aynès to step down from his role as tribunal chair
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Poncet disqualified over TV comments on Islamic “bigotry”
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ICC Court upholds objection to arbitrator appointment
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Challenge to full tribunal is rejected by ICC Court
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ICC Court finds that Messrs. Gaitskell and von Wobeser failed to timely disclose that they were involved in another arbitration with APC’s counsels, but this is insufficient to warrant their disqualification
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ICC rejects challenge to the arbitral tribunal, seeing no duty for the tribunal to ensure the parties’ agreement on a hearing date
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ICC Court notes that arbitrator challenges based on procedural decisions are rarely upheld; blatant errors or a violation of the right to be heard is required
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ICC rejects challenge to tribunal chair during the arbitration
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Co-arbitrator resigns over law firm’s links with funder
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Arbitration was put back on track before new tribunal, but quickly ran into funding difficulties
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Tribunal composition changed as Zambian High Court tried to stop the proceedings
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ICC Court finds that, prima facie, an agreement to arbitrate the dispute may exist; parties agree on bifurcation
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ICC co-arbitrators cannot share the nationality of any of the parties in treaty-based cases
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Syria initially fails to participate; two arbitrators are replaced
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Bias allegations invite the Court to engage in “rank speculation”
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Background: Downstream oil joint-venture leads to ICC claims
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Arbitrator is disqualified over asymmetry of information resulting from involvement in overlapping case
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ICC declines to accept invokation of arbitration agreement by third party
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Claimant’s failure to act caused delays in tribunal constitution
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