Double hatting and insufficient disclosure by the arbitrators have been problematic features of investment arbitration. Double hatting is generally regarded as an individual simultaneously playing the role of counsel and arbitrator in similar matters. The real issue is whether these concerns have the potential to affect the arbitrator’s ability to form “independent judgment,” as described…

The UK Law Commission recently proposed drastic reform to section 67 of the English Arbitration Act 1996 that deals with the challenge of an award on the ground of lack of substantive jurisdiction in an English seated arbitration. The Law Commission’s First Consultation Paper published in September 2022 initially recommended the challenge under section 67…