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Batifort, Simon; Baldwin, Chloe --- "Replacement and Disqualification of Conciliators and Arbitrators" [2019] ELECD 3022; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 751

Book Title: The ICSID Convention, Regulations and Rules

Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria

Publisher: Edward Elgar Publishing

Section: Chapter 5

Section Title: Replacement and Disqualification of Conciliators and Arbitrators

Author(s): Batifort, Simon; Baldwin, Chloe

Number of pages: 26

Extract:

5
REPLACEMENT AND DISQUALIFICATION
OF CONCILIATORS AND ARBITRATORS
Simon Batifort and Chloe Baldwin1



ARTICLE 56

(1) After a Commission or a Tribunal has been constituted and proceedings have
begun, its composition shall remain unchanged; provided, however, that if a
conciliator or an arbitrator should die, become incapacitated, or resign, the re-
sulting vacancy shall be filled in accordance with the provisions of Section 2 of
Chapter III or Section 2 of Chapter IV.
(2) A member of a Commission or Tribunal shall continue to serve in that capacity
notwithstanding that he shall have ceased to be a member of the Panel.
(3) If a conciliator or arbitrator appointed by a party shall have resigned without
the consent of the Commission or Tribunal of which he was a member, the
Chairman shall appoint a person from the appropriate Panel to fill the resulting
vacancy.




ARTICLE 57

A party may propose to a Commission or Tribunal the disqualification of any of its
members on account of any fact indicating a manifest lack of the qualities required
by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition,
propose the disqualification of an arbitrator on the ground that he was ineligible for
appointment to the Tribunal under Section 2 of Chapter IV.




1 Simon Batifort served as counsel in several of the cases discussed in this commentary. The views expressed herein are
the authors' own and do not necessarily reflect those of their firms or their clients.


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