ICSID arbitration proceeds despite interception of privileged communications | Practical Law
In Libananco Holdings Co Ltd v Republic of Turkey (ICSID Case No ARB/06/9), an ICSID tribunal rejected Libananco's request that a claim should be "summarily" determined in its favour, without receiving any further evidence, on the grounds that the fair conduct of the arbitration had been irrevocably prejudiced by Turkey's conduct. Turkey had intercepted privileged materials in the course of a separate court-ordered money laundering investigation.