The tribunal's inherent
power to sanction counsel is often discussed in light of famous investment arbitration cases Hvratska Elektopriveda v. Slovenia[1]
and Rompetrol v. Romania [2].
In the first case the counsel who had joined the defense team of a state party
no earlier than the day before the hearing was disqualified by the tribunal (as
this person was a member of the same English barristers' chambers as one of the
co-arbitrators), whilst in the second case the challenged counsel was not
excluded due to the fact that he has previously practiced law in the same firm
as one of the co-arbitrators as a counsel. In the latter case the tribunal
draws attention to the interests of the procedural integrity and the party’s
right to choose its representative.
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