KS Invest GmbH and TLS Invest GmbH v Spain, Decision on the proposal to disqualify Professor Kaj Hobér, ICSID Case No ARB/15/25, IIC 1667 (2020), 15th May 2020, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

1. This decision addresses Respondent’s proposal to disqualify Prof. Kaj Hobér dated November 12, 2019, as supplemented on December 5, 2019. 2. Initially, the Kingdom of Spain proposed the disqualification of Prof. Hobér on the basis that he lacked independence and impartiality because he was acting as counsel in an arbitration initiated by Switzerland’s Nord Stream 2 AG under the Energy Charter Treaty (ECT) against the European Union. Spain subsequently supplemented its proposal, adding a new ground for disqualification relating to the dissenting opinion issued...