Topic: Arbitrator challenges

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

Arbitrator resigns from Brazilian pulp case

Brazilian arbitrator Anderson Schreiber has resigned from an ICC tribunal hearing a multibillion-dollar dispute over the sale of a pulp producer, while criticising one side for only raising an alleged conflict of interests during set-aside proceedings.

23 August 2021

Paulsson challenged over parallel appointments

Ex-Three Crowns partner Jan Paulsson is the latest arbitrator to be challenged over his appointments in parallel cases, as Bangladesh seeks to remove him from an ICSID panel hearing a US$100 million claim by Canada’s Niko Resources over a gas field.

02 August 2021

Manchester City loses appeal over transparency in financial probe

Football club Manchester City has failed to block publication of arbitration-related court rulings shedding light on the English Premier League’s still-pending investigation of its financial dealings.

22 July 2021

Sachs stays on ICSID panel after removal from parallel case

ICSID has rejected a port investor’s bid to disqualify Klaus Sachs from hearing a claim against Georgia, after the German arbitrator was removed from an overlapping ICC case.

19 July 2021

Drymer disqualified over dual appointments

Venezuela has dislodged Canadian Stephen Drymer as arbitrator in an UNCITRAL claim on the basis that he is also hearing a related ICSID case – prompting the state to file further challenges against him.

15 July 2021

ICC rejects challenge over alleged cyber-attack

As a Brazilian court lifts a stay on an award in a multibillion-dollar M&A dispute, the ICC Court has rejected a bid to disqualify the entire tribunal based on an alleged cyber-attack.

14 July 2021

Arbitrator ethics under scrutiny at ITA workshop

At the 33rd annual Institute for Transnational Arbitration Workshop, Constantine Partasides QC reflected on under- and over-regulation of arbitrator conduct while arguing that the ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in its current form could have unintended consequences.

14 July 2021

Mayer Brown arbitrator avoids another injunction in Hong Kong

A Hong Kong judge has for a second time refused to restrain Mayer Brown partner Thomas So from acting as sole arbitrator in an HKIAC dispute over a law firm, striking out “vexatious” allegations that he acted dishonestly and in bad faith.

07 July 2021

Arbitrator conflict leads to human rights ruling

The European Court of Human Rights has found that an Italian power company’s right to a fair trial was violated because of an arbitrator’s failure to disclose his ties to Enel – while declining to order Italy to pay compensation of €1.2 billion.

21 May 2021

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