Reproduced from www.worldbank.org/icsid with permission of ICSID.
Case report (free download)
Case Report by Krystle M. Baptista, Editor, Diego Luis Alonso Massa
In its Decision on the Proposal to Disqualify All Members of the Arbitral Tribunal, the Chairman of the ICSID Administrative Council (the "Chairman") rejected Claimant's proposal to disqualify all the members of the Arbitral Tribunal (the "Proposal"). The Proposal was based on the Tribunal's alleged prejudgment of central issues in the arbitration, which raised reasonable doubts as to the impartiality of the Tribunal, and the Tribunal's alleged denial of due process and violation of Claimants' rights.
The Chairman found that the mere existence of an adverse ruling is insufficient to prove a manifest lack of impartiality, as required by Articles 14 and 57 of the ICSID Convention. The Chairman further concluded that a third-party undertaking a reasonable evaluation of the Tribunal's decision and surrounding facts would not find a manifest lack of the qualities required under Article 14(1) of the ICSID Convention. Hence Claimants' Proposal was rejected.
Document production, disqualification of arbitrators, impartiality and independence of the arbitral tribunal, legal standard to disqualify arbitrators under the ICSID Convention.
BSG Resources Limited, BSG Resources (Guinea) Limited and BSG Resources (Guinea) SARL v. Republic of Guinea (ICSID Case No. ARB/14/22) – Decision on the Proposal to Disqualify All Members of the Arbitral Tribunal, 28 December 2016
Case report provided by International Arbitration Case Law (IACL)