ICSID Panels of Arbitrators and Conciliators – South Asian Appointments

An ICSID News Release notes:

Today, Mr. Robert B. Zoellick, … announced a new list of Chairman’s designations to the ICSID Panels of Conciliators and of Arbitrators. These designations were made pursuant to Article 13(2) of the ICSID Convention, which allows the Chairman to name 10 arbitrators and 10 conciliators of different nationalities to each Panel. Members of the Panels are available for appointment by disputing parties or by the Centre in proceedings at ICSID.

As the Release notes, a list of the Members, as well as their short biographies can be found on the ICSID website (here and here, respectively).

Re: South Asian arbitrators, the new arbitrator designated to the Panel by the Chairman of the ICSID Administrative Council is Muhammad Makhdoom Ali Khan, a senior advocate from Karachi and Pakistan’s former Attorney General (2001-2007). Mr. Ali Khan replaces India’s Fali S. Nariman, a senior advocate at the Supreme Court of India and a preeminent Indian arbitrator and counsel. Over the past ten years, Mr. Nariman has been an arbitrator in six disputes (five concluded and one pending), including Wintershall, which adopted a restrictive approach in determining the applicability of the MFN clause to dispute settlement provisions of investment agreements. It is also pertinent to note that India cannot designate arbitrators as other Contracting States, such as Pakistan, can since it has not ratified the ICSID Convention. Mr. Nariman was designated by the Chairman of the ICSID Administrative Council (the head of the World Bank). Mr. Nariman, thus, was perhaps India’s strongest link with the ICSID process.

ILCurry congratulates Mr. Nariman for his contributions to the ITA system, and wishes Mr. Ali Khan the best for the duration of his designation.

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