Having regard to the public availability of decisions and this flurry of activity, this chapter will focus on challenges to arbitrators (and committee members) brought under the ICSID Convention. The chapter begins by setting out the grounds for disqualification under the ICSID Convention and Rules, before briefly detailing the prevailing legal standard as developed through ICSID jurisprudence. The majority of this chapter will be devoted to a discussion of three categories of alleged conflict,2 concentrating on the reasoning of publicly available decisions published during 2018.
The Investment Treaty Arbitration Review (4th ed.)
The arbitrability of insolvency-related claims in parallel to ongoing insolvency proceedings
Reed Smith Client Alerts
11 August 2020