Topic: Arbitrator challenges

A Ukrainian scrap metal investor seeks to disqualify an ICSID tribunal hearing his €75 million claim against Latvia after it found prima facie evidence of his “unusual business practices”, the Baltic state has revealed.

09 September 2020

Spain has for the second time challenged an ICSID tribunal hearing a renewables claim brought by several German banks – arguing that the arbitrators’ stated reasons for insisting on a virtual hearing are based on misrepresentations about their ability to travel during the coronavirus pandemic.

14 August 2020

Germany has failed in a second attempt to disqualify the ICSID tribunal hearing a €4.7 billion claim brought by Swedish company Vattenfall over its phase-out of nuclear energy – after arguing that an arbitrator’s failure to disclose an alleged issue conflict and the tribunal’s refusal to delay a hearing in the face of the covid-19 pandemic showed bias.

09 July 2020

Spain has failed to disqualify Australian James Spigelman QC from hearing an ICSID claim brought by a Belgian solar investor on the ground that he had “prejudged” the case through his participation in a previous case relating to the state’s renewable energy reforms.

29 June 2020

UPDATED WITH DECISION. Five shareholders in a Latvian bank have failed to unseat all three members of an ICSID tribunal over their decision to allow a court-appointed insolvency administrator to represent the bank during a jurisdictional phase of the case.

19 June 2020

A UK oil and gas company has failed to dislodge French arbitrator Brigitte Stern from an ICSID tribunal on the basis of her repeat appointments by states and by Egypt in particular.

08 June 2020

A software company that reported a first-time LCIA arbitrator to the Solicitors Regulation Authority for allegedly misrepresenting her arbitration experience on her CV has been ordered to pay part of the costs of a discontinued challenge.

27 May 2020

Singapore’s international commercial court has upheld a US$100 million ICC award relating to a five-star hotel project near Kolkata, rejecting arguments that Indian arbitrator Harish Salve SA showed bias by only belatedly disclosing a co-counsel relationship with the winning side’s law firm.

20 May 2020

Spain has failed to unseat Kaj Hobér from an Energy Charter Treaty claim by a German solar investor, with the challenge decided by the chair of ICSID’s administrative council after his co-panellists were divided on the disqualification bid.

19 May 2020

Greece has failed to disqualify Spanish arbitrator Juan Fernández-Armesto as chair in an €8 billion ICC claim it is pursuing over projects to replenish its navy’s submarine fleet – months after the state reached a partial settlement with one of the respondents.

13 May 2020