NEWSLETTER-2019-metin

136 NEWSLETTER 2019 Data Protection Priority of businesses has shifted to data protection in the last few years. A reflection of the importance of data protection can be seen in the inclusion of a new section in the Note. As it is known, there are strict rules dealing with data protection that take the form of General Data Protection Regulation (“GDPR”) in the European Union. The ICC has addressed this issue as well. The section starts by an acknowledgment of the importance of effective and meaningful data protection when the ICC collects and uses such personal data as data controller (as defined in the GDPR), and clearly states that the parties, their representatives, arbitrators, administrative secretary, witnesses, experts, and any other individuals that may be involved in any capacity in the arbitration, agree that their personal data will be collected, transferred, archived for the purposes of arbitration proceedings, and that such data may be published. Treaty-based Arbitrations and Submissions by Amici Curiae With the increase of investor-state arbitrations administered by the ICC Court, the Note includes certain clarifications. In consid- eration of the nature of treaty-based arbitration and for the sake of transparency, prospective arbitrators are encouraged to state in their curriculum vitae a complete list of the treaty-based cases in which they have participated in as arbitrator, expert or counsel. Paragraph 140 of the Note makes reference to the adoption of UNCITRAL Rules on Transparency in ICC treaty-based arbitrations. The Note states that in such cases, the Secretariat may act as the re- pository of published information. Scrutiny of awards is a task the ICC Court takes very seriously. In accordance with the sensitivity and expertise required for examina- tion of treaty-based awards, the draft awards will be scrutinized by the President and/or Vice-Presidents of the Court and Court members with the relevant experience in investment treaty arbitration as set out in paragraph 141 of the Note.