NEWSLETTER-2020-metin

216 NEWSLETTER 2020 Notable Provisions The draft Code of Conduct provides innovative provisions and propose solutions to some of the long standing issues, adjudicators’ disclosure obligations in particular, which will be discussed more thoroughly below. Disclosure of Third-Party Funding (Article 5(2)(iv)) The Draft Code proposes a new rule on disclosing the existence of any third-party funder either on registration of the request for arbi- tration, or immediately upon the conclusion of a funding agreement. While the adjudicators are not obliged to disclose the terms and condi- tions of the funding agreement, the arbitrators may order disclosure of further information regarding the funding arrangement if it deems necessary at any stage of the proceeding. Disclosure of Issue Conflict (Article 5(2)(d)) Issue conflict may become a concern if an adjudicator has taken a position on a legal matter relevant to the case, or has prior factual knowledge relevant to the dispute at hand. Even though the adjudica- tors are also expected to have expertise in a certain subject, academic writing or other public statements as well as past decisions may raise doubts about certain biases or prejudgment of certain issues. That being said, challenging arbitrators based on an alleged issue conflict remains rarely to be successful. Pre-Appointment Interviews (Article 10(1)) The Code provides pre-appointment interviews for adjudicator candidates which ought to be limited to discussing availability, and potential conflicts of interest. Pre-appointment interviews should not be predicated upon jurisdictional, procedural or substantive matters that might be discussed during the proceedings. Repeat Appointments (Article 5(2)) The draft Code does not provide for restrictions on repeat ap- pointments but rather requires extensive disclosure. The concern in