Ayat Nizar Raja Sumrain and others v State of Kuwait - ICSID Case No. ARB/19/20 - Decision on the Claimant's Proposal to Disqualify Prof Zachary Douglas and Mr VV Veeder - 2 January 2020
Reproduced from www.worldbank.org/icsid with permission of ICSID.
1. This Decision addresses a proposal filed on October 18, 2019 by Ayat Nizar Raja Sumrain, Eshraka Nizar Raja Sumrain, Alaa Nizar Raja Sumrain and Mohamed Nizar Raja Sumrain (the "Claimants"), for the disqualification of a majority of the members of the Tribunal, i.e., the President of the Tribunal, Prof. Zachary Douglas, appointed by agreement of the Parties and Mr. V. V. Veeder, the arbitrator appointed by the Respondent (the "Proposal").The State of Kuwait ("Kuwait", or the "Respondent") opposes the Proposal.
2. In accordance with Article 58 of the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the "ICSID Convention"), this Decision has been taken by the Chairman of the ICSID Administrative Council (the "Chairman"). The Decision sets out the relevant procedural history in Section II, then summarizes the Proposal, the Parties' submissions and the Arbitrators' explanations in Section III. In Section IV, the Chairman provides the reasons for the decision contained in Section V.
139. Having previously stated the conclusions in paragraphs 129 and 138 above, the Claimants' Proposal to disqualify Prof. Douglas and Mr. Veeder is dismissed.
140. The allocation of costs incurred in connection with this decision 1s a matter for determination by the Tribunal in the .course of the arbitration, in accordance with ICSID Arbitration Rule 28(1), and the Chairman makes no decision in this regard.