Topic: Conflicts of interest

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

Jones Day renews discovery bid in Bühler dispute

Jones Day has once again asked a US court to force Orrick Herrington & Sutcliffe to testify in a JAMS claim it is bringing against former partner Michael Bühler, whose move between the firms led to an arbitrator being replaced in an ICC case and an ensuing dispute over fees.

06 August 2021

Brazilian court stays pulp award over potential arbitrator conflict

A Brazilian appeal court has partially stayed an award on liability issued in a multibillion-dollar ICC dispute over the sale of a pulp maker, holding there is enough evidence that arbitrator Anderson Schreiber is conflicted to warrant pausing the transaction while a set aside bid is heard.

04 August 2021

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

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