Conflicts of Interest in Arbitration - Challenges to Arbitral Appointments

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PUBLISHED ON: March 1, 2019

It is not uncommon for advocates and arbitrators from the same barristers’ chambers and/or law firms to be involved in the same case, and this may give rise to a conflict of interest challenge.

The ‘Orange List’ of the International Bar Association (IBA) Guidelines on Conflicts of Interest in International Arbitration (the IBA Guidelines, para 3.3) addresses the ‘Relationship between an arbitrator and another arbitrator or Counsel’. (It should be noted that the ‘Orange List’ items must be disclosed to the parties because of the possibility for raising justifiable doubts as to the arbitrator’s impartiality and independence, but these items do not result in automatic disqualification of the arbitrator.)