The Arbitrator is Counsel
Article from: TDM 5 (2006), in Case Comments & Awards
Introduction
I understand that the 2004 decisions of the District Court in The Hague on two challenges to Professor Emmanuel Gaillard as one of the arbitrators in Telekom Malaysia and The Republic of Ghana, have been cited in support of the proposition that an arbitrator should not act as counsel. I am not clear, whether this has been put forward only in the context of ICSID arbitrations, or whether it is suggested to be of general application. The two District Court decisions in The Hague do not support the proposition, whether of particular or general application. I do not normally ...