The Applicant points out that in his Explanations Mr. Bottini admits that:
- by the time the Disqualification Decision was made on 27 February 2013, Argentina had already in early February 2013 asked him to provide advice, in circumstances that the Disqualification Decision was explicitly made based on the incorrect understanding that Mr. Bottini might provide future advice to Argentina.9
- he disclosed in April 2013, i.e. after the Disqualification Decision, that, since early February 2013, i.e. before the Disqualification Decision, he had been engaged as advocate for Argentina in Impregilo.
- he disclosed in June 2013 that he was receiving a monthly retainer from Argentina.10
Article 57 of the ICSID Convention provides that:
"A party may propose to a Commission or Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2 of Chapter IV."
Article 14(1) of the ICSID Convention provides that:
"Persons designated to serve on the Panels shall be persons of high moral character and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment. Competence in the field of law shall be of particular importance in the case of persons on the Panel of Arbitrators."
Having considered the facts alleged and the arguments submitted by the Parties, and for the reasons indicated above, the unchallenged members of the ad-hoc Committee:
(i) reject the Applicant’s Proposal for Disqualification of Mr. Bottini; and
(ii) request Mr. Bottini, as he has undertaken in his Declaration and required under the ICSID Rules, to continue to inform about any circumstance which could raise doubts about his ability to exercise independent and impartial judgment.
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