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Article 58 - Decision to Disqualify

from CHAPTER V - Replacement and Disqualification of Conciliators and Arbitrators

Published online by Cambridge University Press:  07 September 2010

Christoph H. Schreuer
With
Loretta Malintoppi ,
August Reinisch  and
Anthony Sinclair
Christoph H. Schreuer
Affiliation:
Universität Wien, Austria
Loretta Malintoppi
Affiliation:
Eversheds LLP
August Reinisch
Affiliation:
Universität Wien, Austria
Anthony Sinclair
Affiliation:
Allen & Overy LLP, London
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Summary

INTRODUCTION

Art. 58 is closely related to Art. 57 and deals with the procedure on a proposal to disqualify a conciliator or arbitrator. It also deals with the filling of a vacancy in case there is a decision to disqualify.

The drafts leading to Art. 58 show considerable change (History, Vol. I, pp. 264, 266) but relatively little discussion. The changes concern the question of who would make the decision on the proposal to disqualify (see para. 4 infra) and the method for the replacement of any person who has been disqualified (see para. 17 infra).

Like Art. 57, Art. 58 applies to a member of a conciliation commission or of an arbitral tribunal. By its terms, it does not apply to a member of an ad hoc committee constituted in accordance with Art. 52(3) (see Art. 52, paras. 549–552; Art. 57, para. 4). Nevertheless, in Vivendi v. Argentina a challenge to the President of the ad hoc Committee was treated in accordance with the procedure for the challenge of arbitrators and was decided by the other two members of the Committee (see Art. 57, para. 5).

Type
Chapter
Information
The ICSID Convention
A Commentary
 , pp. 1209 - 1213
Publisher: Cambridge University Press
Print publication year: 2009

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