Challenge of Arbitrator under ICSID

Abstract

Disqualification of an arbitrator is a very important issue not only to ICSID but in all arbitration practice. The reason for this concern is understandable as the effectiveness and confidence in arbitration like in litigation revolve round the arbitrator and the managers of the proceedings as in litigation. Where the arbitrators are lacking in quality, competence, and sincerity, obviously parties will lose confidence in it and the end result will be the collapse of the system. This explains why efforts must at all times be made to ensure that men of integrity, character and quality are appointed to preside in arbitration. This calls for caution on the appointing authorities and the parties’. ICSID has in its Articles 14, 57, and 58 made provisions for the challenge of an arbitrator(s). The challenge of an arbitrator under ICSID can be achieved through the two principal ways. The first is by direct challenge of an arbitrator and in which case the party is expected to file an application and then secure the replacement of the arbitrator before the making of the final award. The second is to impeach the award of the arbitrator after the making of the final award. It is to review the grounds, time, purpose, and procedure for the challenge of an arbitrator under ICSID that we have embarked on this mission. Unfortunately, there are no Arbitration Law report in Nigeria on proceedings and decisions on challenged proceedings under ICSID. However, LCIA and ICSID have published some reports on the same and these shall be referred to in deserving situations.