Topic: Conflicts of interest

Copacabana kickabout cited in conflict challenge

A Brazil v Rest of the World football match organised as part of the ICCA Congress in Rio de Janeiro over a decade ago has been cited as part of a failed bid to annul an award in a €70 million ICC dispute, after it was argued that Italian arbitrator Stefano Azzali should have disclosed he played in the game alongside one of the lead counsel.

22 June 2022

Lord Mance addresses GAR Live London

In a keynote speech at GAR Live London, Lord Mance gave an overview of problems affecting international arbitration in London, including how to deal with arbitrator conflicts of interest and confidentiality following the UK Supreme Court decision in Halliburton v Chubb; and "the outside world... making itself felt" through state-imposed sanctions.

17 May 2022

Canadian government lawyer disqualified from NAFTA case

A NAFTA tribunal has disqualified a Canadian government lawyer from defending the state in a US$2.5 billion arbitration because of her former role at the claimants’ prospective third-party funder.

25 March 2022

Korean arbitrator quits Conoco panel over counsel work

South Korean arbitrator Kap-You (Kevin) Kim has resigned from an ICSID committee hearing Venezuela’s bid to annul a US$9 billion award held by ConocoPhillips after disclosing that he is working alongside the US oil company’s counsel in an unrelated case.

23 March 2022

Bühler faces bid to revive conflict complaint

After the Paris Bar Council cleared him of an alleged conflict of interests relating to work at his old firm Jones Day, international arbitration practitioner Michael Bühler is facing a novel effort to reopen the allegation in the French courts.

10 December 2021

Success fee row leads to fraud conviction

A French-Italian consultant is fighting to overturn her conviction on fraud charges over her work on an enforcement matter against Equatorial Guinea – a saga that has also led to an ICC award finding she was wrongly deprived of a success fee.

10 December 2021

Oxy loses challenge over Ecuador payout

A US court has confirmed an award requiring Occidental Petroleum to pay more than US$500 million to its Chinese-owned former partner in an oil block in Ecuador, rejecting arguments that an arbitrator’s failure to disclose a professional relationship with a member of the award creditor’s counsel team amounted to a “fraud”.

18 November 2021

Double-hatting: prohibition or regulation?

Baiju Vasani and Julia Cayre of Ivanyan and Partners consider recent proposals to address “double-hatting” in investment arbitration and warn that prohibiting the practice entirely could create more problems than it solves.

18 November 2021

NRA seeks to revive suit over arbitrator’s racist email

The National Rifle Association of America has appealed the dismissal of its lawsuit against Winston & Strawn and JAMS relating to a racist email sent by an arbitrator.

26 August 2021

Arbitrator resigns from Brazilian pulp case

Brazilian arbitrator Anderson Schreiber has resigned from an ICC tribunal hearing a multibillion-dollar dispute over the sale of a pulp producer, while criticising one side for only raising an alleged conflict of interests during set-aside proceedings.

23 August 2021

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