Topic: Arbitrator challenges

Lamm on impartiality and independence

In a lecture at the American University Washington College of Law, Carolyn Lamm of White & Case addressed the importance of impartiality and independence as cornerstones of the arbitral process. Björn Arp, fellow at AUWCL’s Center on International Commercial Arbitration, reports.

05 January 2022

Russian and Italian banks win round of oil services dispute

An English court has upheld a US$43 million LCIA award in favour of Russia’s Gazprombank and its Italian partner in an oil services venture while refusing to disqualify the arbitrators from related arbitrations.

14 December 2021

Congo fails to dislodge ICC arbitrator from mining dispute

The Republic of the Congo has failed to disqualify Swiss arbitrator Charles Poncet from hearing an US$18 billion ICC claim by two mining companies based on his repeat appointments by the claimants’ law firm, Clifford Chance.

29 November 2021

Panama Canal arbitrators cleared of bias

A US court has upheld an ICC award worth over US$270 million in favour of the Panama Canal Authority, rejecting a construction consortium’s allegations that the arbitrators showed bias by failing to disclose their “cross-appointments” in other cases.

19 November 2021

Hobér disqualified from treaty claim against Poland

A potash mining investor has succeeded in disqualifying Kaj Hobér from an ICC tribunal that has been hearing a treaty claim against Poland since 2017 after learning of his undisclosed involvement in a panel that dismissed a similar claim against the state over natural resources.

03 November 2021

Milan award survives challenge to ex-colleagues

An Italian court has refused to set aside two ICC awards against a Tecnimont subsidiary because of the failure of two arbitrators to disclose that they formerly worked at the same Swiss law firm – a challenge previously rejected by the ICC Court.

04 October 2021

Drymer resigns after Venezuela challenge

Canadian arbitrator Stephen Drymer has resigned from an ICSID tribunal hearing a US insurer’s claim against Venezuela after the state successfully challenged his appointment in a parallel UNCITRAL case.

23 September 2021

Paulsson resigns after challenge over parallel appointments

Jan Paulsson has resigned from an ICSID tribunal that will hear Niko Resources’ latest claim against Bangladesh after being challenged over appointments he has received from the Canadian oil and gas company in other arbitrations against the state.

31 August 2021

Venezuela fails to dislodge Drymer from Exxon case

Canadian Stephen Drymer has survived Venezuela’s effort to disqualify him from hearing its ICSID dispute with ExxonMobil, with his co-panellists rejecting arguments that he would be biased because of the state’s successful challenge against him in another case.

26 August 2021

Annacker quits ICSID panel over Achmea conflict

Dechert partner Claudia Annacker has resigned as tribunal chair in the first ICSID case against Denmark because of an alleged issue conflict relating to Achmea – as the claimant invokes a settlement procedure under the EU’s multilateral treaty for the termination of intra-EU BITs.

24 August 2021

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