cover image: IBA  G - UIDELINES ON C - ONFLICTS OF I - NTEREST IN

20.500.12592/05qg13q

IBA G - UIDELINES ON C - ONFLICTS OF I - NTEREST IN

26 Feb 2024

In order to determine whether the arbitrator should disclose, decline the appointment, or refuse to continue to act, the facts and circumstances alone are relevant, not the current stage of the proceedings, or the consequences of the withdrawal. [...] The relevance of (i) the activities of the arbitrator’s law firm or employer, such as the nature, timing, and scope of the work by the law firm, and or employer; (ii) the law firm’s or employer’s organisational structure and mode of practice; and (iii) the relationship of the arbitrator with the law firm or employer, should be considered in each case. [...] 2.3.4 The arbitrator is a manager, director or member of the supervisory board, or has a controlling influence in an affiliate3 of one of the parties, if the affiliate is directly involved in the matters in dispute in the arbitration. [...] 3.2.1.7 The arbitrator’s law firm or employer is currently rendering or regularly renders services to one of the parties, or to an affiliate of one of the parties, without creating a significant commercial relationship for the law firm or employer and without the involvement of the arbitrator, and such services do not concern the current dispute. [...] 3.54.4 The arbitrator is a manager, director or member of the supervisory board, or has a controlling influence on an affiliate of one of the parties, where the affiliate is not directly involved in the matters in dispute in the arbitration.
Pages
31
Published in
United Kingdom