AES Corporation v Argentine Republic - ICSID Case No. ARB/02/17 - Decision on the Respondent's Proposal to Disqualify all Members of the Tribunal - 6 April 2022
Reproduced from www.worldbank.org/icsid with permission of ICSID.
I. PROCEDURAL BACKGROUND
1. This decision concerns the Argentine Republic's proposal to disqualify all members of the Tribunal in AES Corporation v. Argentine Republic (ICSID Case No. ARB/02/17) pursuant to Article 57 of the ICSID Convention and ICSID Arbitration Rule 9.
2. On November 3, 2021, Argentina submitted its disqualification proposal (Proposal).
3. On November 5, 2021, the Secretary of the Tribunal: (i) confirmed receipt of the Proposal;
(ii) conveyed to the parties and to members of the Tribunal a schedule for the parties' further submissions on the Proposal and arbitrators' explanations (if any); and
(iii) confirmed that in accordance with ICSID Arbitration Rule 9(6), the proceeding would be suspended until a decision on the Proposal had been taken.
4. On November 17, 2021, in accordance with the schedule, counsel for the AES Corporation submitted a Reply to the Respondent's Proposal (Reply).
5. On November 19, 2021the Secretary of the Tribunal circulated copies of three communications received on that same date from Prof. Ricardo Ramirez Hernandez, Mr. Stephen Drymer and Prof. Domingo Bello Janeiro, respectively, in accordance with the schedule and ICSID Arbitration Rule 9(3) (Arbitrators' explanations).
6. On November 29, 2021, the Argentine Republic submitted its Comentarios Finales de la República Argentina sobre la Propuesta de Recusación (Final Comments). Argentina submitted an English version of its Final Comments on December 2, 2021.
7. Also, on November 29, 2021, the Claimant communicated via email that it had "no further submissions to make beyond those contained in its Reply dated November 17, 2021, except to reiterate its respectful request that the Proposal be promptly denied."
83. Having considered all of the facts alleged and the arguments submitted by the parties, and for the reasons stated above, the Chair rejects the Argentine Republic's Proposal to Disqualify all Members of the Tribunal.