Topic: Arbitrator challenges

Spain fails to unseat Spigelman in solar case

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

Tribunal survives challenge in Latvian banking case

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

Stern sees off challenge over “pro-state bias”

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

First-time arbitrator resigns after complaint over CV

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

Indian arbitrator cleared of bias in Singapore

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

Hobér survives challenge in solar case

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

Arbitrator stays afloat in Greek submarine dispute

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

Germany renews bid to unseat Vattenfall panel

Germany has for a second time applied to disqualify all three members of the ICSID tribunal hearing a €4.7 billion claim by Swedish power company Vattenfall over the country’s phase-out of nuclear energy.

20 April 2020

Brazilian oil awards survive failure to disclose

A French court has upheld five partial awards in an LCIA-administered arbitration between Brazilian partners in an offshore oil block – while finding that an arbitrator should have disclosed his ties to a Canadian law firm that acted for the majority shareholders of one of the parties.

17 April 2020

Spain tries to topple Tawil

Spain has applied to disqualify Argentine arbitrator Guido Tawil from hearing one of the many claims it faces over renewable energy reforms – citing his repeat appointments by investors in such cases and his dissent from decisions where the state has escaped liability.

03 April 2020

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