Proposal to disqualify ICSID tribunal for deciding hearing to be virtual dismissed (Landesbank Baden-Württemberg v Spain)

Article summary

The Chair of the International Centre for Settlement of Investment Disputes (ICSID) Administrative Council, David Malpass (the Chair), rejected Spain's proposal for the disqualification of all three members of the tribunal in the ICSID arbitration between four German investors and the respondent EU Member State in a renewable energy dispute under the Energy Charter Treaty. The Chair decided (inter alia) that the tribunal's procedural decision that a hearing take place remotely rather than in person due to the impact of the coronavirus (COVID-19) pandemic, despite the respondent state's objections, did not warrant disqualification based on lack of moral character and impartiality.