The Investment Treaty Arbitration Review (4th ed.)

The year 2018 saw a record number of disqualification proposals to arbitrators and ad hoc committee members alike within the International Centre for Settlement of Investment Disputes (ICSID) context.1

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.