An ICSID Tribunal Applies Supranational Legal Norms to Banish Counsel from the Proceeding: A Note on Hrvatska Elektropriveda v. Republic of Slovenia

摘要

An ICSID Tribunal barred counsel for a party from appearing in the case. The counsel was retained months prior to the hearing on jurisdiction and the merits, but the proceeding had been in progress for over two years. Neither the party nor the counsel disclosed the retention when made and there was a later refusal to respond to questions about the retention. The Tribunal determined that once formed, the immutability principle provided the motivation for the Tribunal to forbid counsel's appearance. The Tribunal adopted a strict test for disclosure to protect the integrity of the arbitral proceedings.