Arbitrator's Ties Raised Doubts About Impartiality, Court Says

Law360 (May 20, 2021, 9:43 PM EDT) -- An Italian power company's right to a fair trial was breached when an award favoring a subsidiary of electricity and gas provider Enel SpA was issued by a tribunal in Rome that included an arbitrator who was concurrently acting as Enel's lawyer, the European Court of Human Rights found on Thursday.

The Strasbourg, France-based court unanimously agreed with hydroelectric power plant company BEG SpA that there were legitimate doubts about the impartiality of Enelpower SpA's appointed arbitrator in the nearly 20-year-old dispute, which centered on an Albanian power distribution agreement. The seven-judge panel nevertheless declined BEG's request that Italy be forced...

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