Conflicts of interest

Arbitration, Arbitrators, Conflicts of interest, Disclosure, IBA, IBA Guidelines on Conflicts of Interest

(Loyola University Chicago School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The IBA Guidelines on Conflicts of Interest focus on when an arbitrator should disclose potential conflicts, as well as when he or she should simply not accept appointment. For the most part, they do not specifically address the potential disqualification of an arbitrator. Nonetheless, the Guidelines, even though non-binding, have become quite influential in the…

Actual expenditure, Ad hoc arbitration, Arbitral Tribunal, Arbitration, Arbitration Proceedings, Arbitrators, ASEAN, Asia, Asia-Pacific, Best practices, Bias, BIT, China, CIETAC, Code of Ethics, Commercial Arbitration, Confidentiality and Transparency, Conflicts of interest, Costs in arbitral proceedings, Disclosure, Ethics, Hong Kong, IBA Guidelines on Conflicts of Interest, ICSID Arbitration, Independence and Impartiality, International arbitration, Investment Arbitration, ISDS, PRC, Security for Costs, Third party funding

(Norton Rose Fulbright LLP) and (Fangda Partners)/ /Leave a comment
YIAG

Introduction On 23 May 2016, CIETAC’s Hong Kong Arbitration Center (CIETAC HKAC) issued for public consultation draft Guidelines for third party funding (the draft Guidelines). Third party funding (TPF) is a hot topic in Hong Kong. The draft Guidelines come in the wake of recent initiatives to clarify the law on TPF in the territory,…

Arbitral Tribunal, Arbitrator Challenges, arbitrators’ conduct, Book Review, Conflicts of interest, IBA Guidelines on Conflicts of Interest, ICSID Convention

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Three Crowns LLP)/ /Leave a comment
Three Crowns LLP

By: Kiran N. Gore and Alexandros Diplas The Blog recently featured a book review of the recently published Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, edited by Professor Chiara Giorgetti of University of Richmond Law School. This review was a timely follow up to the December 10, 2015 book launch…

Arbitrators, Conflicts of interest, Costs in arbitral proceedings, Damages

(Freshfields Bruckhaus Deringer LLP)/ /Leave a comment
Freshfields Bruckhaus Deringer

The Austrian Supreme Court (OGH) confirmed that an arbitrator who is dismissed during the arbitration by a state court because of conflict of interest before the award is rendered may recover compensation for (useful) services rendered until dismissal (Austrian Supreme Court, Der Oberste Gerichtshof, OGH, 17 February 2014, 4 Ob 197/13v). The president of an…

Arbitration clause, Best practices, Conflicts of interest, Evidence, IBA Guidelines on Conflicts of Interest, IBA Rules of Evidence, ICC Arbitration, International arbitration

(KarimSyah Law Firm)/ /Leave a comment
ArbitralWomen

By Karen Mills, Mirèze Philippe and Ileana M. Smeureanu The views expressed are those of the authors alone and should not be regarded as representative of or binding upon the institution or the law firms they belong to. In the last twenty years there has been a proliferation of books, publications and articles about arbitration….

Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, arbitrators’ conduct, Confidentiality, Conflicts of interest, Costs, Costs in arbitral proceedings, Damages, Disclosure, Dispute Resolution, Enforcement, Investment

(University of Portsmouth)/ /1 Comment
Institute for Transnational Arbitration (ITA)

As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as…

arbitrators’ conduct, Conflicts of interest

(Independent Arbitrator)/ /1 Comment

Section 3.3.6 of the IBA Guidelines on Conflicts of Interest in International Arbitration advise that when a “close personal friendship exists between an arbitrator and counsel of one party, as demonstrated by the fact that the arbitrator and the counsel regularly spend considerable time together unrelated to professional work commitments or the activities of professional…