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Niger asks ICSID to disqualify arbitrator in Orano nationalization dispute

2025-08-16_21-39-49

 Niger has filed a challenge with the International Centre for Settlement of Investment Disputes (ICSID) seeking the disqualification of an arbitrator appointed by French nuclear group Orano in the dispute over the nationalization of uranium producer Somair. The challenged arbitrator is Colombian lawyer Fernando Mantijo Serrano, whose appointment by Orano was confirmed more than three months ago.


Niger's petition argues that the arbitrator may lack the required independence and impartiality, pointing to possible financial or other ties to one of the parties as grounds for removal. Under ICSID rules, an arbitrator can be removed if circumstances suggest they cannot act independently or impartially. The decision on Niger's request will be made by the two other members of the arbitral tribunal.

Media reports note that Mantijo Serrano previously chaired an ICSID panel that ruled against Niger in a case brought by a Scottish airport contractor, a fact cited by Niger in support of its challenge. If the tribunal upholds the challenge, a replacement arbitrator would be appointed in accordance with ICSID procedures, which could affect the timetable for the proceedings.

Background to the dispute dates to June, when Niamey announced the nationalization of Somair, a key Somair subsidiary long held by Orano and the country's dominant uranium producer. Niger said the move would allow more effective management of mineral resources in the national interest. Orano, which held 63.4 percent of Somair, has responded by filing multiple claims in national courts and with ICSID seeking compensation and recovery of assets.

The challenge adds another layer of legal and diplomatic complexity to the wider conflict between Niger and foreign investors over resource control. The outcome of the ICSID challenge will be closely watched by international companies and bilateral partners, as it may influence investor confidence and the prospects for negotiated settlements or compensation.

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