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ConocoPhillips v. Venezuela

ConocoPhillips Petrozuata B.V., ConocoPhillips Hamaca B.V. and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/30
Nature of the proceedings:
International
Type of case:
Investor-State
Economic sector:
Mining and quarrying
Extraction of crude petroleum and natural gas (oil)
Date of introduction:
13 Dec 2007
Status of the case:
Pending (Annulment)
Claimant’s country of origin:
Netherlands
Respondent:
Venezuela
Institution:
ICSID (International Centre for Settlement of Investment Disputes)
Rules of arbitration:
Seat of arbitration:
Washington D.C.
Applicable law:
Venezuela
Applicable treaties:
Netherlands - Venezuela B...

Documents of the case

profile picture David R. Malpass Chairman of the Administrative Council
profile picture Dominique T. Hascher Challenged Arbitrator (unsuccessful)
profile picture Diego P. Fernández Arroyo Challenged Arbitrator (unsuccessful)
profile picture Kap-You (Kevin) Kim Challenged Arbitrator (unsuccessful)
Source(s) of the individual document(s):
Reproduced with the permission of the International Centre for Settlement of Investment Disputes :
Link1 (EN) Official source

Lawyers, other representatives, expert(s), tribunal’s secretary

    Chair's Decision on the Proposal for Disqualification

    [1].
    I refer to the Proposal for the Disqualification of the Members of the Annulment Committee submitted on April 16, 2020 by Dr. Alfredo De Jesús O. on behalf of the Bolivarian Republic of Venezuela (the "Proposal").
    [2].
    The Proposal was submitted pursuant to Articles 14 and 57 of the ICSID Convention and ICSID Arbitration Rule 9. Pursuant to Article 57, a party may propose the disqualification of an arbitrator on account of any fact indicating a manifest lack of the qualities required by Article 14(1).
    [3].
    Pursuant to Article 58 of the Convention and Arbitration Rule 9, the Chair of the ICSID Administrative Council shall decide the Proposal.
    [4].
    By communication of June 5, 2020, the Centre informed the parties of my decision to seek a recommendation on the Proposal from The Rt Hon. Lord Nicholas Phillips, past President of the Supreme Court of England and Wales. The Centre confirmed that the final decision on the Proposal would be taken by the Chairman of the ICSID Administrative Council in accordance with Article 58 of the ICSID Convention.
    [5].
    The parties have been given a full opportunity to present their positions on this matter. The Centre provided Lord Phillips with copies of all the parties' submissions on the Proposal and the explanations furnished by the arbitrators.
    [6].
    The Centre received the recommendation from Lord Phillips on July 10, 2020. A copy of the recommendation is attached.
    [7].
    I have carefully considered the Proposal, in light of the parties' written arguments, the arbitrators' explanations, and the recommendation from Lord Phillips. Based on these materials, I have concluded that the Proposal does not meet the standard set forth in Article 57 of the ICSID Convention for the disqualification of an arbitrator.
    [8].
    Accordingly, the Proposal is hereby rejected.
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