Topic: Arbitrator challenges

US arbitrator survives challenge in ICSID case against Ukraine

A Luxembourg company part-owned by sanctioned Russian nationals has failed to disqualify US academic Sean Murphy from hearing its ICSID claim against Ukraine over a bank nationalisation. 

15 July 2024

Institutions compare notes at GAR Live Istanbul

At GAR Live Istanbul, representatives from the ICC, LCIA, SIAC and Swiss Arbitration Centre compared the institutions’ approaches to appointment of arbitrators, disclosure standards, scrutiny of awards and sanctions.

15 July 2024

French supreme court confirms annulment based on Gaillard eulogy

The French Court of Cassation has upheld a decision to annul an ICC award because of a eulogy that the tribunal president Thomas Clay wrote for the counsel to one of the parties, the late Emmanuel Gaillard. 

20 June 2024

Swiss court rejects challenge based on repeat Schellenberg appointments 

The Swiss Federal Supreme Court has rejected a challenge to an ICC award based on an arbitrator’s repeat appointments by Schellenberg Wittmer – observing that the “relatively small circle” of lawyers specialising in international arbitration means such contacts on their own don’t suggest bias. 

13 June 2024

Spanish arbitrator’s conviction upheld in Sulu dispute

A Spanish arbitrator has failed to overturn a criminal conviction relating to his role in issuing a US$15 billion award against Malaysia in favour of the purported heirs of the Sultan of Sulu. 

20 May 2024

US arbitrator challenged in ICSID case against Ukraine 

A Luxembourg company part-owned by sanctioned Russian nationals has applied to disqualify US academic Sean Murphy from hearing its billion-dollar ICSID claim against Ukraine over a bank nationalisation. 

11 April 2024

Russia dislodges arbitrators from inter-state dispute

Russia has successfully challenged arbitrators Donald McRae and Rüdiger Wolfrum in an inter-state dispute based on their support for a declaration that criticised Russian aggression in Ukraine, weeks after failing to disqualify two other arbitrators in a pair of investment treaty cases based on similar grounds.

21 March 2024

Arbitrators challenged over declaration on “aggression in Ukraine”

Russia has challenged two arbitrators in an inter-state dispute because they voted in favour of a declaration by the Institute of International Law criticising Russian military operations in Ukraine.

03 January 2024

Poncet disqualified from Iranian mega-case after “burkini” remarks

The ICC Court has disqualified Swiss arbitrator Charles Poncet from hearing Crescent Petroleum’s US$32 billion arbitration against the National Iranian Oil Company after he was accused of displaying anti-Muslim bias during a television broadcast about swimwear.

30 November 2023

Lima fails to dislodge arbitrators in highway dispute

The Peruvian municipality of Lima has failed to disqualify Luca Radicati di Brozolo and David Arias from hearing an UNCITRAL arbitration over a highway concession, having already filed a criminal complaint against the arbitrators.

29 November 2023

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