NEWSLETTER-2019-metin

135 ARBITRATION LAW Additional Services in respect of the Constitution of Arbitral Tribunals A new section to the Note has been added which foresees ad- ditional services the Secretariat will provide with the nomination or appointment of arbitrators. Where the parties have agreed to nominate a sole arbitrator or a presiding arbitrator for the confirmation of the ICC Court, or the co-arbitrators a presiding arbitrator, the parties may file a request to the Secretariat. The Secretariat may propose possible candidates and provide non-confidential information on prospective arbitrators. However, where the parties have agreed on a list procedure (where the parties are involved in the selection of arbitrators), then the Secretariat will provide a list of candidates and submit the same to the parties. Transparency – Composition of ICC Tribunals and Publication of Awards For the sake of more transparency, two changes have been made: The first relates to the publication of information regarding the composition of ICC Tribunals. The ICC has traditionally published information relating to arbitrators. This will now include information regarding the sector of industry and the identity of the counsel repre- senting the parties, which will be published as of 1 July 2019. In relation to the publication of awards, the default provision will now be publication of the same, two years following such notification to the parties. The parties have the right to object to publication of the awards or request a sanitized or redacted version to be published. The ICC has the discretion to either not to publish the award, or may publish a sanitized or redacted version of the same. This will include all awards made from 1 January 2019. In the case of a confidentiality agreement, the Secretariat will seek specific consent. The Secretariat may seek specific consent in sensitive cases, or cases related to certain sectors of industry.