- Challenging arbitrators under the UNCITRAL rules (Merck v Ecuador)
- Original news
- What was the background to the challenges?
- What did the tribunal decide?
- What legal standards were applied?
- Would the position likely differ under the 2010 UNCITRAL Arbitration Rules (2010 UNCITRAL Rules)?
- Is the position different in International Centre for Settlement of Investment Disputes (ICSID) arbitration?
- Are there any trends in this area?
Arbitration analysis: On 29 November 2011, Merck Sharp & Dohme (IA) Corporation commenced an arbitration against the Republic of Ecuador under the 1976 UNCITRAL Arbitration Rules pursuant to a bilateral investment treaty (BIT) between the US and Ecuador. Merck nominated Judge Schwebel in its notice of arbitration. Clare Connellan, partner at White & Case LLP, reflects on the two decisions regarding the proposed removal of Judge Stephen M Schwebel.
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