Revelas o ¿anulación? Comentario a la decisión sobre anulación en Eiser v. España
Article from: TDM 4 (2022), in Latin America
On June 11, 2020, an ICSID award was annulled for the first time on the grounds that the tribunal was not properly constituted, due to the lack of independence and impartiality of an arbitrator. This decision raises a number of questions: What is the standard of disclosure of an arbitrator in an ICSID arbitration? What does being independent and impartial entail? What is the standard for challenging an arbitrator? The purpose of this article is to answer these questions. We conclude that the case in question will have an impact on the practice of investment arbitration, ...