4 Challenges to Arbitrators, Counsel, and Experts
Jeffery Commission, Rahim Moloo
This chapter discusses challenges to arbitrators in International Centre for Settlement of Investment Disputes (ICSID) and ICSID Additional-Facility arbitrations, challenges to arbitrators in UNCITRAL arbitrations, and challenges to counsel and experts in ICSID and UNCITRAL arbitrations. Disqualification proposals have become a routine procedural mechanism used by both claimants and respondents in ICSID and UNCITRAL investment arbitrations. During the period 1982–2017, parties filed 121 disqualification proposals in ICSID proceedings. These included not only original arbitration proceedings, but also post-award proceedings, such as rectification, interpretation and annulment proceedings. In addition to arbitrators, disqualification proposals now target counsel, party-appointed experts, and tribunal-appointed experts. The chapter examines the relevant articles and rules that apply when challenges are against ICSID arbitrators, the timeliness of challenge application, the potential waiver of the right to seek disqualification, and arbitrator resignations in response to disqualification proposals. It also considers the procedure for adjudicating challenges to arbitrators in UNCITRAL arbitrations.