Albania Fails To Disqualify Tribunal Member From Being Re-appointed To Tribunal Partially Reconstituted To Hear Revision Proceedings

By Dean Ehrlich, 13 December 2022

Does the prohibition in ICSID Arbitration Rule 1(4) against appointing to a Tribunal a person who has “previously acted as a conciliator or arbitrator in any proceeding for the settlement of the dispute” apply to proceedings to revise an arbitral award? The unchallenged arbitrators in Hydro S.r.l. and others v Republic of Albania (ICSID Case No. ARB/15/28) decided it does not,...