Originally from World Arbitration And Mediation Review (WAMR)

In this mock hearing, counsel for the Claimant and the Respondent each make applications to the Tribunal that the other counsel should no longer be allowed to represent their client and/or that the Tribunal should report them to their respective bar association or otherwise sanction them for creating a conflict of interest for the Tribunal Chair and for various alleged ethical violations.

LUCY REED – TRIBUNAL CHAIR: Welcome, everyone, to this hearing of ICSID Case 007, between Investco and Itania. We have previously met at the preliminary conference, all, that is, except for Ms. Smutny, who is new to this case, or so we are told. I am Lucy Reed, the President of the Tribunal, from Hong Kong. On my left is the Claimant’s appointed arbitrator, Pierre Bienvenu from Canada, and on my right is Respondent’s appointed arbitrator, Dr. Claus von Wobeser from Mexico, and Ms. Christina Shuetz is our hardworking Secretary.

Now, before we start with the substantive issues, which are the purpose of this hearing, we understand that both parties have procedural applications involving the role of counsel. Please introduce yourselves and then I propose we move on to hear the Claimant’s motions, applications, and then the Respondent’s.