- Claimant-appointed arbitrator disqualified for lack of impartiality and independence (Fernando FraizTrapote v Venezuela)
- On what grounds was the arbitrator’s disqualification proposed?
- What legal test(s) did the Secretary-General apply?
- What did the Secretary-General decide?
- What are the implications of the decision for arbitration practitioners, particularly in respect of conflicts of interest?
Arbitration analysis: The Secretary-General of the Permanent Court of International Arbitration (PCA) has made a decision to disqualify an arbitrator on grounds of lack of impartiality and independence. Álvaro Nistal, counsel at the international law firm Volterra Fietta, looks at the decision and identifies a number of factors likely to increase the risk of disqualification.
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