Unprecedented Annulment of an ICSID Award for Improper Constitution of the Tribunal

Partner Saar Pauker and associate Benny Winston’s article regarding the Eiser v Spain case was recently published at the Journal of World Investment & Trade. The ad hoc Committee in Eiser Infrastructure Limited and Energía Solar Luxembourg SÀRL v Kingdom of Spain, annulled a unanimous ICSID award in its entirety, inter alia, on the ground that the tribunal was not properly constituted (Article 52(1)(a) of the ICSID Convention). The decision contains doctrinal findings which may reinforce and broaden arbitrators’ duty of disclosure. For the full article >> click here