Challenge to arbitrator in ECT case accepted on basis of justifiable doubts as to impartiality (PCA) | Practical Law

Challenge to arbitrator in ECT case accepted on basis of justifiable doubts as to impartiality (PCA) | Practical Law

In RSE Holdings AG v Republic of Latvia (PCA Case No AA861), the Secretary-General of the Permanent Court of Arbitration (PCA) accepted a challenge under the UNCITRAL Arbitration Rules 1976 to the arbitrator appointed by the claimant in an Energy Charter Treaty (ECT) arbitration. The Secretary-General held that the arbitrator's extensive work as counsel in other ECT cases would give rise to justifiable doubts in the mind of a reasonable and informed third person as to their impartiality.

Challenge to arbitrator in ECT case accepted on basis of justifiable doubts as to impartiality (PCA)

Practical Law UK Legal Update Case Report w-037-4533 (Approx. 4 pages)

Challenge to arbitrator in ECT case accepted on basis of justifiable doubts as to impartiality (PCA)

by Practical Law Arbitration
Published on 02 Nov 2022 • International
In RSE Holdings AG v Republic of Latvia (PCA Case No AA861), the Secretary-General of the Permanent Court of Arbitration (PCA) accepted a challenge under the UNCITRAL Arbitration Rules 1976 to the arbitrator appointed by the claimant in an Energy Charter Treaty (ECT) arbitration. The Secretary-General held that the arbitrator's extensive work as counsel in other ECT cases would give rise to justifiable doubts in the mind of a reasonable and informed third person as to their impartiality.