Perenco v. Ecuador: Consensual Arbitrator Challenges

January 29, 2010

The Kluwer Arbitration Blog summarises why consensually circumventing the ICSID Convention procedure in Article 57 & Article 58 to disqualify an arbitrator by an external mechanism (through the Permanent Court of Arbitration in this case) is incorrect.

It is clear that the challenge to Judge Brower was not a proper one under the ICSID Convention. From an ICSID perspective, the decision of the PCA is a nullity. Indeed, the fact that Judge Brower had to resign voluntarily from his appointment as arbitrator after the PCA’s decision was rendered speaks volumes as to the validity of such proceedings. In fact, to the extent that Judge Brower had refused to resign, it is difficult to see how Ecuador would have had any remedy other than to start again and to propose his disqualification in accordance with Articles 57 and 58 of the Convention, which in turn would have provided a higher hurdle to overcome.

via Kluwer Arbitration Blog » Blog Archive » Perenco v. Ecuador: Was there a valid arbitrator challenge.

I do think there should be some reservation in the analysis adopted, especially the presumption of mandatory application of all provisions of the ICSID Convention ousting any scope for the consent of the parties in the conduct of the reference, which does seem to underlie parts of the analysis.

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The Inherent Jurisdiction of ICSID Tribunals: Rompetrol v Romania

January 21, 2010

The Rompetrol Group N.V. v. Romania, ICSID Case No. ARB/06/3 (Netherlands/Romania BIT) – Decision on the Participation of Counsel

The tribunal in Rompetrol v Romania was faced with a rather unique application. The Respondent  sought an order  requiring  the Claimant to remove their from the case and to forbid him from participating  any further in any way.

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The Inherent Jurisdiction of ICSID Annulment Committees: RSM v Grenada

January 19, 2010

RSM Production Corporation v. Grenada, ICSID Case No. ARB/05/14

In RSM v Grenada the claimant  applied to the Annulment Committee for it to make a finding of fact after the original arbitral tribunal was functus officio. RSM relied on the inherent jurisdiction of the Annulment Committee to support the application.

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Russia Approves Protocol 14 to the ECHR

January 15, 2010

The lower house of the Duma has approved Protocol 14 to the European Convention on Human Rights.  Russia has been the holdout country in ratifying Protocol 14, which the other 46 participating nations had all approved by 2006.

Protocol 14 is largely a procedural reform to the speed up the court’s work by reducing the number of judges required to make major decisions.  The Strasbourg Court has been the subject of complaints due to the extremely large backlog of cases, especially against Russia.  

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