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Perenco v. Ecuador

Type of decisionDecision on Challenge to Arbitrator
Date of decision8 December 2009
Tribunal
Christiaan M.J. Kröner (President)
Legal instrumentBIT between Ecuador and France (1994)
Related decision(s)Decision on Jurisdiction, 30 June 2011
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Under the IBA Guidelines an appearance of bias test takes place; such an appearance requires that from a reasonable third person's point of view, the circumstances give rise to justifiable doubts
The IBA Guidelines do not contain any prohibition against arbitrators making public statements about pending cases
The experience and reputation of an arbitrator are of no relevance in applying the IBA Guidelines; the same "justifiable doubt test" applies to all arbitrators

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