ICSID Dodatna arbitražna pravila (engleski tekst)

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Član Rule 30 ICSID Dodatna arbitražna pravila (engleski tekst) – Proposal for Disqualification of Arbitrators

Rule30

Proposal for Disqualification of Arbitrators

(1) A party may file a proposal to disqualify one or more arbitrators ( "proposal" ) on the following grounds:
a)
that the arbitrator was ineligible for appointment to the Tribunal pursuant to -(c); or
b)
that circumstances exist that give rise to justifiable doubts as to the qualities of the arbitrator required by .
(2) The following procedure shall apply:
a)
the proposal shall be filed after the constitution of the Tribunal and within 21 days after the later of:
(i)
the constitution of the Tribunal; or
(ii)
the date on which the party proposing the disqualification first knew or first should have known of the facts on which the proposal is based;
b)
the proposal shall include the grounds on which it is based, a statement of the relevant facts, law and arguments, and any supporting documents;
c)
the other party shall file its response and any supporting documents within 21 days after receipt of the proposal;
d)
the arbitrator to whom the proposal relates may file a statement that is limited to factual information relevant to the proposal. The statement shall be filed within five days after the earlier of receipt of the response or expiry of the time limit referred to in ; and
e)
each party may file a final written submission on the proposal within seven days after the earlier of receipt of the statement or expiry of the time limit referred to in .
(3) If the other party agrees to the proposal prior to the dispatch of the decision referred to in , the arbitrator shall resign in accordance with .
(4) The proceeding shall be suspended upon the filing of the proposal until a decision on the proposal has been made, except to the extent that the parties agree to continue the proceeding.

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ICSID — izdanje 2022

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