Hrvatska Elektroprivreda, DD v. Republic of Slovenia
Panel of Arbitration
ICSID Case ARB/05/24 of 6 May 2008 (2008)
- Written by Mary Katherine Cunningham, JD
Facts
Hrvatska Elektroprivreda, DD (HEP) (plaintiff) and the Republic of Slovenia (Slovenia) (defendant) entered an arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention. Shortly before an evidentiary hearing related to the arbitration, Slovenia added an English barrister, Mr. Mildon QC, to its legal team. Mildon was a member of the same barrister’s chambers as the presiding arbitrator, and HEP immediately objected to his inclusion as a lawyer for Slovenia. In an application before the presiding arbitrator, HEP sought the disqualification of Mildon, arguing his membership in the same chambers as the same presiding arbitrator compromised the independence of the arbitral tribunal. Slovenia responded that the arbitral tribunal lacked the authority to disqualify counsel and that, as an independent practitioner, Mildon’s participation did not affect the independence or integrity of the tribunal.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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