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Synopsis:

There have been significant cases recently which considered the issues of bias and conflicts of interest in international arbitration. The need to ensure that justice is not only done but is also seen to be done in arbitration to resolve their disputes. What should an arbitrator disclose and what should the arbitrator do if being challenged by one of the parties. Are we being too sensitive or being too practical?

For our second session, join our facilitators, Delphine Ho and Jern-Fei Ng as they lead the discussion and explore the various types of conflicts of interest, and instances where a challenge based on conflicts crosses the line and becomes and abusive one.

The discussion, subject to the Chatham House Rules, will address, amongst others:

• How much uniformity exists among the various sets of institutional rules and guidelines
• What are the main types of conflict of interest that pose a challenge in arbitration proceedings
• How much independence and impartiality do users seek
• What are users expecting, and to what extent do expectations differ concerning the users’ own arbitrator, the arbitrator appointed by the opponent, and the chairperson
• In what ways can party-appointed arbitrators impact independence and impartiality
• When and why should an arbitrator be challenged
• Whether the approach to disclosure and challenges should be revisited