DECISION ON CLAIMANTS' MOTION TO DISQUALIFY COUNSEL
Members of the Tribunal
Ms. Carita Wallgren-Lindholm (Presiding Arbitrator)
Mr. Trey Gowdy
Mr. Toby Landau, QC
1. This Decision addresses a motion filed by Mr. Theodore David Einarsson, Mr. Harold Paul Einarsson, Mr. Russell John Einarsson, and Geophysical Service Incorporated ("GSI") (collectively, "Claimants") to disqualify members of the legal team representing the Government of Canada ("Canada" or Respondent") in these proceedings on the basis of an alleged conflict of interest.
2. As explained in the body of this Decision, the motion is premised upon an allegation that one member of Respondent's legal team, [...], who joined the Trade Law Bureau in June 2019, had obtained confidential information of Claimants when previously employed at the third-party funder [...], from whom Claimants had sought litigation funding.
172. On the basis of the foregoing considerations, the Tribunal:
a. orders [...] to be permanently removed from acting for or on behalf of Canada in this Arbitration;
b. reserves costs; and
c. rejects all other claims and requests.