- ICSID—challenge to tribunal dismissed on recommendation of PCA (Vattenfall v Germany)
- What are the practical implications of this decision?
- What was the background?
- What did ICSID decide?
Arbitration analysis: The acting chairman of the Administrative Council of the International Centre for Settlement of Investment Disputes (ICSID), Kristalina Georgieva, dismissed a proposal, made by the respondent state pursuant to Articles 14 and 57 of the ICSID Convention and Rule 9 of the ICSID Arbitration Rules, to disqualify all three members of an arbitral tribunal in an iCSID arbitration. Ms Georgieva had sought a recommendation on the proposal from the Secretary-General of the Permanent Court of Arbitration (PCA) in the Hague. The conclusion of the PCA Secretary-General, Hugo Hans Siblesz, was that the state had not discharged its burden of proving that any of the three members of the tribunal lacked any of the qualities required under Article 14(1) of the ICSID Convention in relation to its allegations of assistance to the claimants and unequal treatment of the parties.
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