Unprecedented Annulment of an ICSID Award for Improper Constitution of the Tribunal
24 May 2021
The ad hoc Committee in Eiser Infrastructure Limited and Energía Solar Luxembourg SÀRL v Kingdom of Spain, annulled a unanimous ICSID award in its entirety, inter alia, on the ground that the tribunal was not properly constituted (Article 52(1)(a) of the ICSID Convention). The decision contains doctrinal findings which may reinforce and broaden arbitrators’ duty of disclosure.
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