Topic: Arbitrator challenges

Chinese swimmer wins challenge over arbitrator's tweets

A Swiss court has overturned a CAS award that handed a Chinese swimmer an eight-year doping ban – finding that the tribunal chair, former Italian foreign minister Franco Frattini, had shown bias in tweets criticising Chinese dog meat eating practices and referencing skin colour.

15 January 2021

Spain fails to unseat ICSID panel over refusal to travel

Spain has failed to disqualify an ICSID tribunal over its refusal to hold an in-person hearing during the covid-19 pandemic – and the failure of two of the arbitrators to disclose their participation in the Frankfurt Moot.

16 December 2020

LCIA chief gives verdict on Halliburton v Chubb

In the 35th Freshfields Arbitration Lecture – the first to be held virtually – LCIA director general Jacomijn van Haersolte-van Hof explored the impartiality and independence of arbitrators and the requirements of disclosure in light of the recent UK Supreme Court judgment in Halliburton v Chubb.

07 December 2020

Arbitrator liable in Spain over advisory work

A Spanish court has confirmed that an arbitrator must pay damages after he continued to act as legal adviser to two funeral service companies at the same time as he was arbitrating disputes between their shareholders.

04 December 2020

Panama Canal arbitrators under fire over "cross-appointments"

The consortium that oversaw the expansion of the Panama Canal has applied to set aside a US$265 million ICC award in favour of the canal authority, alleging that the arbitrators failed to disclose “multiple cross-appointments and inter-relationships”.

27 November 2020

UK Supreme Court dismisses appeal over apparent bias

UPDATED: The long-awaited UK Supreme Court ruling in Halliburton v Chubb is out, unanimously dismissing the appeal over apparent bias and naming the arbitrator at the centre of the controversy as Kenneth Rokison QC.

27 November 2020

Halliburton v Chubb: comments from counsel

Counsel who took part in the Halliburton v Chubb appeal before the UK Supreme Court, representing the parties and interveners, have shared their views on the judgment.

27 November 2020

Is there such a thing as a bad challenge?

A panel at GAR Interactive Hong Kong debated whether there is such a thing as a bad challenge, looking at the damage that may be wreaked on the tribunal and challenging party as well as the potential to spur disclosures and systemic change.

23 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

Lockdown in India leads to LCIA challenge

The majority shareholder in an Indian razor-blade maker has failed to disqualify all three members of an LCIA tribunal over their refusal to postpone a hearing because of the covid-19 pandemic.

04 November 2020

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