Fraport v. Philippines, ICSID, and Counsel Disqualification: The Power and the Praxis

Journal of World Investment and Trade, 2014

10 Pages Posted: 29 Nov 2014

See all articles by Catherine A. Rogers

Catherine A. Rogers

Bocconi University - Department of Law; UC Law, San Francisco

Alex Wiker

Pennsylvania State University

Date Written: November 28, 2014

Abstract

An important 2008 ICSID ad hoc Committee ruling on disqualification of counsel has recently been published. The decision was rendered in the Fraport v. Philippines dispute. It was issued in the shadow of (but without reference to) HEP v. Slovenia. The Fraport decision arrives in the midst of a larger, ongoing debate in the international arbitration community generally about arbitral tribunals’ role in assessing attorney conduct and tribunal power to impose consequences for alleged misconduct.

Earlier installments in the debate over counsel conduct focused almost exclusively on conflicts of interest between attorneys and the tribunal. Fraport represents an important contribution to the debate because it contemplates counsel conflicts of interest with parties. These types of conflicts, and allegations of counsel misconduct more generally, are increasingly common not only in investment arbitration, but also in international commercial arbitration cases.

This essay explores, through the Fraport decision and other related cases tribunals' exercise of such power, analysis about the sources of such power, and the need for more deliberative efforts to clarify both the substance of the ethical obligations of counsel and the role of arbitral tribunals in enforcing such obligations.

Suggested Citation

Rogers, Catherine A. and Wiker, Alex, Fraport v. Philippines, ICSID, and Counsel Disqualification: The Power and the Praxis (November 28, 2014). Journal of World Investment and Trade, 2014, Available at SSRN: https://ssrn.com/abstract=2531836

Catherine A. Rogers (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen Building
20136 Milan
Italy
011 39 333 684 2267 (Phone)
011 39 02 5836 5202 (Fax)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States

Alex Wiker

Pennsylvania State University ( email )

University Park
State College, PA 16802
United States

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