Arbitrator Bias, Arbitrator Challenges, Conflicts of interest, IBA Guidelines on Conflicts of Interest, Independence and Impartiality, Permanent Court of Arbitration
Would a ‘Fair and Informed Observer’ Really Agree With the Challenge Decision in Deutsche Lufthansa AG v. Bolivarian Republic of Venezuela?
On 10 October 2022, the Secretary-General of the Permanent Court of Arbitration (“PCA”) accepted a challenge brought by Venezuela against the appointment of the Claimant’s appointee, Dr. Wolfgang Peter, in an investor state arbitration (PCA Case No. 2022-03) instituted by German Claimant, Lufthansa (“Challenge Decision”). The Challenge Decision is the latest in the series of…