Euro128 million award is annulled, as ICSID Ad-hoc committee finds fault with arbitrator’s undisclosed relationship to claimants’ damages experts.

In a decision rendered today (June 11, 2020), Ricardo Ramirez Hernandez (chair), Makhdoom Ali Khan and Dominique Hascher unanimously decided to annul Eiser and Energia Solar Luxembourg v. Spain award because of the existence of a relationship between one of the claimants’ damages experts, Carlos Lapuerta, and Mr. Alexandrov, which “creates a manifest appearance of bias”.

The committee took “particular note of four instances where Dr. Alexandrov and Mr. Lapuerta worked for the same party, as counsel and expert respectively”, including two cases which had been proceeding in parallel to the Eiser arbitration. The committee added that this relationship should have been disclosed, and that Dr. Alexandrov’s absence of disclosure, deprived Spain of the opportunity to challenge him in the arbitration proceedings.

Filed under: Investment Arbitration
Wole Olufunwa

About the Author - Wole Olufunwa

Wole is the founder and President of the SALI Club. He is a British-Nigerian international arbitration lawyer who has been based in Singapore since 2010 and prior to that practiced international arbitration in London for 4 years with two city firms. Wole’s disputes practice covers industry areas such as shipping, transport and logistics, ports and terminals, energy offshore, joint venture/profit sharing disputes and international trade.

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