Topic: Conflicts of interest

ICJ moonlighting controversy resumes

The controversy over International Court of Justice judges moonlighting as arbitrators has kicked off again, with an article alleging that Judge Peter Tomka has accepted appointments to investor-state tribunals despite ICJ guidelines against the practice.

25 November 2020

Dutch judge disqualified from suit over Crimean treasures

A Dutch judge has been disqualified from hearing a lawsuit over the fate of Crimean gold artefacts for giving inaccurate information about his past work with a party's counsel in a Yukos-related matter.

10 November 2020

Decision dismissing Veeder-Douglas challenge surfaces

ICSID has published a decision that dismissed an attempt by the claimants in a case against Kuwait to disqualify the late VV Veeder QC and Zachary Douglas QC, who the claimants had proposed as tribunal chair but then later accused of a “pro-state bias”.

22 October 2020

Mayer to stay on Cameroon case despite Klöckner appearance

French arbitrator Pierre Mayer will continue hearing an ICSID case against Cameroon after surviving a challenge brought on the basis of his failure to disclose advocacy work he performed for the state in the famous Klöckner case more than 30 years ago.

28 September 2020

Stern sees off challenge over “pro-state bias”

A UK oil and gas company has failed to dislodge French arbitrator Brigitte Stern from an ICSID tribunal on the basis of her repeat appointments by states and by Egypt in particular.

08 June 2020

Indian arbitrator cleared of bias in Singapore

Singapore’s international commercial court has upheld a US$100 million ICC award relating to a five-star hotel project near Kolkata, rejecting arguments that Indian arbitrator Harish Salve SA showed bias by only belatedly disclosing a co-counsel relationship with the winning side’s law firm.

20 May 2020

Brazilian oil awards survive failure to disclose

A French court has upheld five partial awards in an LCIA-administered arbitration between Brazilian partners in an offshore oil block – while finding that an arbitrator should have disclosed his ties to a Canadian law firm that acted for the majority shareholders of one of the parties.

17 April 2020

English court bars experts from ICC case

The High Court in London has blocked a consulting firm from providing expert witness services in an ICC arbitration over a petrochemical plant, finding it was conflicted because an Asian affiliate of the firm was already instructed by the opposing side in another ICC case over the same project.

14 April 2020

French court upholds annulment over law firm conflict

UPDATED: France’s Court of Cassation has refused to reinstate an ICC award in favour of Audi Volkswagen that was set aside because of a German arbitrator’s failure to disclose work undertaken by his law firm for the carmaker’s affiliate while the arbitration was pending.

25 October 2019

Arbitrators must disclose stakes in arbitral bodies, says US appeals court

A US appeals court has vacated a sole arbitrator’s award on the basis that he failed to disclose his ownership interest in the arbitral institution that administered the dispute – a precedent that a dissenting judge warns is likely to generate “endless litigation” in other cases.

24 October 2019

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