Dissatisfied with the outcome of the Partial Award, the Movants first grew concerned with the Tribunal's disclosures in the Panama 1 and 2 Arbitrations in October 2020. (Id. at ¶ 27.) Articles 11(2) and 11(3) of the International Chamber of Commerce ("ICC") arbitration rules impose a continuing obligation on arbitrators to disclose "any facts or circumstances which might be of such a nature as to call into question the arbitrator's independence in the eyes of the parties, as well as any circumstances that could give rise to reasonable doubts as to the arbitrator's impartiality." See ICC Rules, art. 11(2), 11(3).
• Mr. Gunter was appointed, in part, by Dr. Gaitskell in an ongoing, unrelated arbitration;
• During the Panama 1 and 2 Arbitrations, Mr. Gunter sat on a tribunal in an unrelated arbitration with Professor Hanotiau;
• Dr. Gaitskell did not extend his disclosures to potential conflicts within his barristers' chambers.
(ECF No. 55-3 at ¶¶ 33–34, 38–39.)
• In 2019, Mr. Gunter was confirmed as president of an unrelated ICC case. (ECF No. 55 at 11; ECF No. 55-3 at ¶ 53.) Mr. Gunter had been nominated and appointed to that position by Dr. Gaitskell and the other co-arbitrator in the unrelated matter. (Id.)
• In 2013, 2016, and 2017, Mr. Gunter sat as co-arbitrator in three unrelated arbitrations with Professor Hanotiau, who had been the president of the Cofferdam Tribunal. (ECF No. 55 at 12–13; ECF No. 55-3 at ¶ 55.)
The Court will address these bases in turn.
• In 2019, Dr. Gaitskell, with another co-arbitrator, appointed Mr. Gunter as president of an unrelated ICC arbitration. (ECF No. 55 at 14.)
• Dr. Gaitskell refused to investigate any potential conflicts of interest that may exist with respect to his barristers' chambers, Keating Chambers. (Id.)
• Dr. Gaitskell was appointed to sit in an unrelated arbitration by one of the Respondent's counsel (Mr. McMullen) during the Panama 1 Arbitration. (Id. at 14–15.)
• The evident partiality of Mr. Gunter and Dr. Gaitskell "taint the work" of Mr. von Wobeser, as Mr. Gunter and Dr. Gaitskell had the opportunity to discuss the arbitration without Mr. von Wobeser's input. (ECF No. 55 at 15.)
• Mr. von Wobeser failed to disclose that, beginning in July 2019, one of the Respondent's attorneys (Mr. Jana) sat with Mr. von Wobeser as co-arbitrators in an unrelated arbitration. (Id.)
Done and ordered at Miami, Florida on December 9, 2021.
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