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Cemex v. Venezuela

Type of decisionDecision on the respondent's proposal to disqualify a member of the tribunal
Date of decision6 November 2009
Tribunal
Gilbert Guillaume (President)
Georges Abi-Saab
Legal instrumentBIT between Netherlands and Venezuela (1991)
Related decision(s)
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ICSID Arbitration Rules
Rule 9
A proposal to disqualify a member of the tribunal has been "promptly" within the meaning of Rule 9 ICSID Arbitration Rules only if it was made as soon as the party concerned learnt of the grounds of possible disqualification
Rule 27
If a party does not propose the disqualification of a member of the tribunal "promptly" as within the meaning of Rule 9 ICSID Arbitration rules, the sanction is waiver of the right to make objection

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