Analysis

'Double-Hatting' Gets Spotlight After €128M Award Nixed

Law360 (June 18, 2020, 9:58 PM EDT) -- A decision last week annulling a €128 million ($143.4 million) arbitral award against Spain due to an arbitrator's undisclosed relationship with an expert could help sway the path of reform on a controversial practice by which arbitrators may concurrently serve as counsel in different cases.

An International Centre for Settlement of Investment Disputes ad hoc committee annulled the award, which had been issued to renewable energy investors Eiser Infrastructure Ltd. and Energia Solar Luxembourg SARL, after concluding that arbitrator Stanimir A. Alexandrov's undisclosed relationship with the claimants' expert had led to doubts about his impartiality.

The issue raised in the case...

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