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About Federico Campolieti

Federico Campolieti is a Senior Associate at M. & M. Bomchil, Buenos Aires, Argentina. He received his law degree in 2001 from the Universidad de Buenos Aires School of Law, where he is now Professor of Administrative Law. He has acted as counsel in many international arbitrations under bilateral investment treaties before ICSID. He has also been involved in several ICC international arbitrations, both as counsel and as secretary of the tribunals. He has lectured and published several articles on topics related to his area of expertise, both locally and abroad. He is a member of the YIAG of the LCIA and the YAF of the ICC. He has been a member of the IBA since 2008.

28Jan2010

Perenco v. Ecuador: Was there a valid arbitrator challenge under the ICSID Convention?

By Federico Campolieti, M. & M. Bomchil Abogados,
for YIAG

By Federico Campolieti* and Nicholas Lawn**

Introduction

In a recent decision related to the ICSID case Perenco Ecuador Limited v. The Republic of Ecuador [1], the Secretary-General of the Permanent Court of Arbitration at The Hague (“PCA”) has upheld a challenge against a leading arbitrator, Judge Charles N. Brower, on the basis that from the point of view of “a reasonable third person having knowledge of the relevant facts”, the comments made by the arbitrator in a published interview constituted circumstances giving rise to justifiable doubts as to the arbitrator’s impartiality or independence [2].

The PCA accepted jurisdiction to decide upon the challenge made by Ecuador, base [...]