The main grounds for disqualification of arbitrators under the ICSID Convention are prescribed by Article 57, which provides that:
[a] party may propose to a Commission or Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2 of Chapter IV.
Reference to Section 2 of Chapter IV is to the nationality requirements for appointment under Articles 38 and 39 of the ICSID Convention. A third ground for disqualification is found in Rule 8 of the ICSID Arbitration Rules, which provides for a situation where an arbitrator becomes incapacitated or unable to perform the duties of his or her office.
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Reproduced with permission from The Investment Treaty Arbitration Review.
- Chloe J Carswell is a partner and Lucy Winnington-Ingram is an associate at Reed Smith LLP.
- The ICSID website reports that there were a total of 10 decided disqualification proposals in 2018 and two in 2019. The authors have located an additional two decisions from 2019 making a total of four (https://icsid.worldbank.org/en/Pages/process/Decisions-on-Disqualification.aspx).
- These categories have been selected on the basis of their recurrent appearance in the publicly available disqualification decisions from 2018 and 2019.