Does an ICSID tribunal’s power to regulate all matters of procedure extend to excluding counsel or advisers chosen by a party?
Of course it does, affirmed Tribunal President, Sir Christopher Greenwood while presiding over an interlocutory application to exclude a law and an accounting firm from advising the Kingdom of Norway in the ongoing proceedings between Peteris Pildegovics and SIA North Star v. Kingdom of Norway (ICSID Case No. ARB/20/11).
In doing so, however, Greenwood explained that a tribunal may only use that power “to safeguard the integrity of the proceedings” in instances where the conflict of interest could prejudice the fair trial of the case.
