Saint-Gobain Performance Plastics Europe v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/13)

Procedural record

1. 27 February 2013Arbitration

   27 February 2013Arbitration

   Decision on Claimant's Proposal to Disqualify Mr. Gabriel Bottini from the Tribunal under Article 57 of the ICSID Convention

   International Centre for Settlement of Investment Disputes

   Decision summary

   The unchallenged arbitrators rejected the Claimant's proposal to disqualify Gabriel Bottini under Articles 57 and 58 of the ICSID Convention and Rule 9 of the ICSID Arbitration Rules, subject to his completing, signing, and transmitting a new Declaration under Rule 6 within 10 days. Costs of the challenge proceeding were reserved.

   Participants

   Saint-Gobain Performance Plastics Europe

   The Bolivarian Republic of Venezuela

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Gabriel Bottini

   Arbitrator

   Charles N. Brower

   Arbitrator

   Klaus Michael Sachs

   Authorities cited

   5

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
     statute
   • Agreement on Encouragement and Reciprocal Protection of Investments between France and Venezuela (France-Venezuela Agreement on Encouragement and Reciprocal Protection of Investments, entered into force 15 April 2004)
     statute
   • Statute of the International Court of Justice (ICJ Statute)
     statute
   • Republic of Ghana v Telekom Malaysia Berhard (Decision of the District Court of The Hague (Civil Law Section), 18 October 2004)
     case-law
   • IBA Guidelines on Conflicts of Interest in International Arbitration
     academic