RE:Regular analyses in the German-speaking Forum on Gabriel I know that the whole Gabriel case is highly complex and difficult to understand. Unfortunately, sometimes there is no other option than to describe the facts as they are (complicated). I will therefore try to take a very simple view below - to assess whether the arbitration tribunal was properly constituted - or not.
The basis for this is the mandatory requirements that the arbitrators must fulfill: impartiality and impartiality. (Section 45, Request for annulment). And also section 47: (...) The standard to be applied is therefore "whether a reasonable third party, knowing all the facts, would consider that there are reasonable grounds to doubt that an arbitrator has the necessary qualities of impartiality and impartiality.
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Let us therefore begin (quite simply) with the constellation with which the arbitration process began in 2015:
President: China (appointed by the Secretary General of ICSID)
Arbitrator: Australia (appointed by Romania)
Arbitrator: Argentina (appointed by Gabriel)
Romania's representative: Switzerland (LALIVE) and Romanian resident in Switzerland (Leaua)
Gabriel's representative: USA (White&Case)
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The arbitration process ended in 2024 as follows:
President: Switzerland (appointed by the Secretary General of ICSID - "pushed through" against the will of White&Case)
Arbitrator: Switzerland-Australia (appointed by Romania)
Arbitrator: Argentina (appointed by Gabriel)
Romania's representative: Switzerland (LALIVE) and Romanian resident in Switzerland (Leaua)
Gabriel's representative: USA (White&Case)
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The 2:1 decision for Romania looks (roughly) like this:
2 referees plus legal representative: Switzerland
against
1 referee plus legal representative: Argentina/USA
All of the Swiss players on the Romanian side are professionally based in Genve (Geneva, Geneva). A city with around 200,000 inhabitants. Following the arbitration award, White&Case conducted "research" (paragraph 62) and found (as expected) that all of the representatives from Switzerland are "connected" with each other professionally and in some cases privately. And all of them are connected to the Tercier 80th birthday party in the O.K. - including Crenguta Leaua!
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Here is another fact that I almost couldn't believe - but it was proven:
It is Ms. Nhu-Hoang Tran Thang (Genve) - (paragraph 90, footnote 116).
The lady worked for Pierre Tercier in his arbitrage firm from 2012 to 2016 and for LALIVE in Geneva from 2016 to 2019 - and from 2020 to 2023 for Peter&Kim, where Pierre Tercier was also hired - also in Geneva. So far so good - but now comes the point:
After the award and the victory for Romania were announced, there were corresponding LinkedIn posts: Among others, from a lawyer from LALIVE (Rigaudeau) and from Leaua (Romanian lawyer, resident in Switzerland). Both posts were liked by Ms. Nhu-Hoang Tran Thang! (Footnote 117). It was also the lady who described Tercier's 80th anniversary celebration on Linkedin.
urai58