RE: Annulment decision4 Jun 2025 14:18
Chat GPT seems to think that whilst Poncet is immune from personal proceedings, RKH may be able to claim back full costs (ICSID costs and legal fees):
Possible Strategy for a Company Affected by Arbitrator Misconduct
1. Seek Full Cost Recovery in the Annulment Proceedings
• Present the arbitrator’s misconduct as the core reason for annulment.
• Request full reimbursement of legal fees and ICSID costs.
2. Consider a New Arbitration (if treaty or contract permits)
• After annulment, the underlying dispute may be reheard by a new tribunal.
3. Explore (but do not rely on) External Legal Action
• Theoretically, you could explore national court remedies against the arbitrator or the appointing body, but success is highly unlikely due to immunity doctrines.