brigette stern is on the vannessa case....

The claimant, Universal, made the challenge against arbitrator Professor Brigitte Stern on the basis that she had been appointed by Venezuela in at least three other pending ICSID cases. All three cases dealt with foreign investors in the service industry which, like Universal, alleged that Venezuela had expropriated their property. In two of them Stern had been named by the same counsel for Venezuela as in the case at issue. Universal claimed that Stern had failed to disclose these prior appointments, which raised further doubts as to her independence. Venezuela, in turn, challenged the arbitrator appointed by Universal, Professor Guido Santiago Tawil, on his alleged close professional ties with several members of counsel for Universal.

The challenges to arbitrators Stern and Tawil were dismissed, a decision which has significantly raised the bar for disqualification of an ICSID arbitrator and clarified it.