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Arbitrator is disqualified over activities by law firm colleagues acting against state in local courts
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Merely expressing a view on legal issue is not grounds for disqualification in Tomka’s estimation
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Lalonde’s more “limited pronouncements” don’t give justifiable doubts as to his impartiality
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On heels of India hiring U.S. law firm, challenges filed against two arbitrators
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India argue that “essential security” clause will be plank in defence, but they allege two arbitrators have fixed views on its meaning
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Claimants argued it would be unprecedented and problematic to disqualify arbitrator due to alleged issue conflict
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India’s intention to rely on “essential security” clause seems credible; Tomka says mere prior view on law is not enough to make out challenge
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Tomka says Orrego Vicuna has pronounced himself four times on the legal concept, including a reaffirmation of his views in the face of annulment rulings
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Tomka: objective observer would question whether India is confronted with open-minded arbitrator on question of “essential security” clause
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Claimants argued that the challenges were untimely, but Tomka disagrees
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