Topic: Conflicts of interest

Arbitrator ethics under scrutiny at ITA workshop

At the 33rd annual Institute for Transnational Arbitration Workshop, Constantine Partasides QC reflected on under- and over-regulation of arbitrator conduct while arguing that the ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in its current form could have unintended consequences.

14 July 2021

German arbitrator can be sued in France for non-disclosure

A German arbitrator whose failure to disclose a conflict of interests led to the annulment of an ICC award can be sued in France, the Paris Court of Appeal has ruled.

24 June 2021

Cuatrecasas lawyers accused of “switching sides” in Peru refinery dispute

A Spanish-owned contractor on a Peruvian refinery project has challenged a US$38 million ICC award, alleging that two members of its external counsel team violated ethical rules by joining the other side’s law firm before the case had concluded.

17 June 2021

Arbitrator conflict leads to human rights ruling

The European Court of Human Rights has found that an Italian power company’s right to a fair trial was violated because of an arbitrator’s failure to disclose his ties to Enel – while declining to order Italy to pay compensation of €1.2 billion.

21 May 2021

UK lawyer-peers to declare work in House of Lords

UPDATED. Following a lengthy debate involving prominent lawyer-peers in the UK, the House of Lords has agreed that a requirement that its members declare work and earnings from governments of foreign states in a register of interests should override the duty of confidentiality that counsel and arbitrators owe to their clients.

21 April 2021

French court says suit against arbitrator belongs in Germany

A French court has held it lacks jurisdiction to hear a lawsuit against an arbitrator based in Germany whose failure to disclose links between his law firm and a party led to the annulment of an ICC award.

31 March 2021

Expert firm sues rival over Glassdoor review

Expert witness firm Secretariat is suing a UK competitor over an allegedly fake employee review on the website Glassdoor.com that professed ethical concerns about the firm accepting conflicting appointments in a pair of related ICC arbitrations.

16 March 2021

Landau helps defeat bid to remove Rajah & Tann

English barrister Toby Landau QC has helped Rajah & Tann defeat an attempt by a Singaporean billionaire’s family to have the firm removed as counsel to the judicial managers of their shipping and oil trading businesses.

26 February 2021

Expert ties under scrutiny in Guatemala annulment bid

Guatemala has applied to annul an ICSID award on the basis of Bulgarian arbitrator Stanimir Alexandrov's alleged failure to disclose ties with an expert witness – a year after Spain successfully annulled an award based on similar allegations.

24 February 2021

Tomka resigns from China case as third ICJ term starts

Peter Tomka has resigned from a tribunal hearing an ICSID case against China amid controversy over him sitting as an arbitrator while serving as a judge on the International Court of Justice and following the publication of new court guidelines on judges moonlighting,

16 February 2021

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