Non-disclosure

Arbitrator Challenges, Garcia Armas, Halliburton, Impartiality, Non-disclosure

(WilmerHale)/ /Leave a comment

The award in Serafín García Armas and others v. Venezuela (PCA Case No.2013-3) (administered under the 1976 UNCITRAL Rules) was released in April 2019. This post refers to two decisions by Mr. Hugo Siblesz on challenges brought by Venezuela to the claimants’ appointment of Prof. Guido Tawil as party-appointed arbitrator. Mr. Siblesz was acting in…

Annulment, Bias, Conflicts of interest, Disclosure, Duty to investigate, England, IBA Guidelines on Conflicts of Interest, Impartiality, Independence, Japan, Non-disclosure, Set aside an arbitral award, Set aside an international arbitral award, Switzerland

(City-Yuwa Partners) and (Independent Attorney at Law)/ /Leave a comment

On December 12, 2017, the Supreme Court of Japan rendered its first decision on the setting aside of an arbitral award based on an arbitrator’s failure to disclose facts allegedly constituting a conflict of interest, reasoning that, in order for the award to be set aside on this ground, it is necessary that the arbitrator…