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ดุลพาห

An arbitrator may be precluded from reviewing identical issues
of fact and law that arise from similar treaty or contract provisions.

There is a case that parties have successfully challenged party-

appointed arbitrators who have rendered adverse rulings in earlier
arbitrations involving a contract with identical terms.

Lastly, under ICC Arbitration Rules, an arbitrator may be disqualified
on the basis of his prior involvement in the legal affairs from

which the claim arises. For instance, the disqualification was raised
because of the arbitrator’s personal experiences in drafting legal

texts at issue or negotiating issues that are relevant to the dispute
or his prior work as a legal consultant in a government ministry on

a contract, if the dispute relates to that contract. 20

iii. ICSID Arbitration Rules

The ICSID requires that arbitrators exercise independent

judgment.There is a dispute about electricity distribution. The
challenge was based on an expert opinion that the arbitrator

provided to the U.S. investor. The expert opinion was confidential,
but it is apparently a concerned jurisdiction. Before a final decision,

the arbitrator withdrew from the tribunal. It is unclear how many
times an issue conflict has officially arisen in ICSID arbitrations,

but the concerned prompted an amendment to Rule 6, requiring
greater disclosure for adjudicators in order to address

perceptions of issue conflicts among arbitrators.

20. Id.

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