IBA publishes updated guidelines on conflicts of interest in arbitration

The International Bar Association (IBA) has released updated guidelines on Conflicts on Interest in International Arbitration. The Guidelines are a “soft law” instrument intended to assist in unifying the approach to conflicts of interest relating to arbitrators in international arbitration. Whilst they are not binding without party agreement, they are considered to promote best practice … Read more

ENGLISH COURT RETAINS POWER TO AWARD COSTS AFTER ARBITRATION CHALLENGE DISMISSED

In Viking Trading OU v Louis Dreyfus Suisse SA [2023] EWHC 2160 (Comm) the English Commercial Court clarified its discretionary power to grant costs of defending a s69 application under the English Act (Act) for permission to appeal an arbitral award, even if costs were not initially sought. This decision provides helpful guidance on best … Read more

THE USUAL SUSPECTS PROJECT: DECIPHERING DECISION-MAKING IN ARBITRATOR SELECTION

The Hong Kong International Arbitration Centre (HKIAC) and Cortex Capital have launched a collaboration called ‘The Usual Suspects Project’ with the support of a number of organisations including Herbert Smith Freehills. The project examines the decision-making process behind the selection of party-appointed arbitrators. The project will also reveal how factors such as diversity are considered … Read more

Australian court sets a high bar for challenges to arbitrators

The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of arbitrators is the ‘real danger of bias’ test, rather than the lower threshold of the ‘reasonable apprehension of bias’ test applicable at common law. Read more

Indian Supreme Court orders arbitrator backlog to be cleared

The Indian Supreme Court has directed the High Courts to decide within six months applications to appoint arbitrators that have been pending for over a year.  While the judgment will help reduce a large backlog, it highlights the importance of designating an arbitral institution to oversee the case and appoint the arbitrators to avoid the … Read more