NEWSLETTER-2020-metin

199 ARBITRATION LAW arbitral tribunals to adopt procedural measures it considers appropri- ate. This issue has been subject to some ICSID decisions as well. Arbitral tribunals took differing positions in terms of excluding a legal representative and were reluctant to take such measures considering that there are no clear rules granting the arbitral tribunal to do so 2 . There is no question that a party is, and should be free to appoint its legal representatives; however, introducing new representation at later stages of the proceedings, which creates conflict of interest issues are sometimes used as guerilla tactics in arbitration. In such cases the other party facing the guerilla tactic turns to the arbitral tribunal for proper measures to be taken, but as there are no provisions under the 2017 Arbitration Rules arbitral tribunals abstained to exclude the legal representative in question. This new addition is generally considered to be a positive change and aims to limit tactics used to disrupt pro- ceedings. That being said, it should also be kept in mind that with this pro- vision it could be argued that the basic right of a party to freely appoint its legal representative is limited. Therefore, arbitral tribunals should act with diligence in exercising their discretion and limit it to cases with clear conflict of interest issues and consider which approach will serve the best interests of the case at hand. Third Party Funding (Article 11 (7)) The 2021 Arbitration Rules introduces a new provision with re- spect to third party funding disclosures. According to Article 11 (7): “Each party must promptly inform the Secretariat, the arbitral tribunal and other parties of the existence and identity of any non-party which has entered into an arran - gement for the funding of claims or defences and under 2 Hrvatska Elektroprivreda v. Slovenia ICSID Case No. ARB/05/24, The Rompet- rol Group N.V. v. Romania ICSID Case No. ARB/06/3, Fraport AG Frankfurt Air - port Services Worldwide v. Republic of Philippines ICSID Case No. ARB/03/25, Annulment Proceedings. Sakr, Marwan; Keyrouz, Jennifer: Disqualifying Coun- sel for Conflict of Interest in International Arbitration: Tribunals’ Powers and Limits, Doutrina Internacional, 2015.