Reproduced from www.worldbank.org/icsid with permission of ICSID.
(1) Mr. M.'s prior employment relationship with the United States
(2) Mr. M.'s current employment with the US Government
(3) Mr. M.'s stance on the interplay between customary international law and US domestic law
(4) Allegations that Mr. M. may have obtained confidential information about the Claimants are mere speculation
(5) Mr. M.'s acquiescence to practices contrary to international law
109. Having considered all of the facts alleged and the arguments submitted by the parties, and for the reasons stated above, the Chair decides as follows:
a. Claimants' Proposal to Disqualify arbitrator Mr. M. pursuant to Article 57 of the ICSID Convention is upheld, on the basis that his concurrent relationship with the Respondent and service as arbitrator in this case would create the appearance of manifest lack of impartiality;
b. All the other grounds proposed for the disqualification of Mr. M. pursuant to Article 57 of the ICSID Convention are rejected.