Nora Ciancio

First Paragraph

In November and December 2013, tribunals constituted under the Rules of the International Centre for Settlement of Investment Disputes (“ICSID”) considered three proposals for arbitrator disqualification stemming from investment disputes in Latin America, and ultimately disqualified two arbitrators in pending proceedings. While the ICSID procedural rules envision challenges to arbitrators, arbitrator disqualification is traditionally an extremely rare result in ICSID proceedings. Accordingly, it is worth analyzing whether the recent rise in successful challenges to ICSID arbitrators marks the beginning of a new adjudicatory trend, and what such a trend may mean for ICSID arbitration.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.