The Emperor's Clothes Come Off: A Comment on Republic of Ghana v. Telekom Malaysia Berhard, and the Problem of Arbitrator Conflict of Interest.
Article from: TDM 1 (2005), in Case Comments & Awards
The question of whether a lawyer can serve as advocate in one investor-state arbitration while at the same time acting as an arbitrator in another has arisen in several discussions over the past few months. Most prominent among these now are the recent Dutch court decisions in the case of Republic of Ghana v Telekom Malaysia Berhard. These October and November 2004 decisions rule on a challenge to the participation of an arbitrator in an investor-state arbitration, on the basis that he was simultaneously serving as counsel to an investor in another case addressing a related point ...