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This case concerns the rejection of a challenge to an arbitrator, Professor Phillipe Sands, proposed by Respondent, the Bolivarian Republic of Venezuela. The challenge was made by Claimant on the basis that the arbitrator had been appointed previously by Respondent and also by Respondent’s counsel as arbitrator in ISCID and non-ICSID cases and these appointments create not only a potential for undue influence and unfair advantage but also suggest an on-going professional and business relationship between the arbitrator and Respondent and Respondent’s counsel so as to create a manifest lack of independence and impartiality. |
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