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08 November 2013 / Khawar Qureshi KC
Issue: 7583 / Categories: Features , Arbitration , Commercial
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Time for change? Pt 2

In the second of two leading articles, Khawar Qureshi QC puts ethics in international arbitration under the spotlight

The majority of arbitration decisions on ethical matters focus on the obligations of arbitrators. Key publicly available decisions are referred to below.

 

A    Arbitrators

ICSID decisions

In Alpha Projektholding GMBH v Ukraine ICSID Case No. ARB/07/16 (19 March 2010), the tribunal dismissed an application to disqualify an arbitrator based on his shared educational experience with counsel for the claimant and failure to disclose this, along with his purported lack of arbitral experience and a brief phone call by counsel for the claimant to the arbitrator to determine whether he would be available to serve. The two members found that the applicant had failed to prove any fact that would indicate a manifest lack of impartiality or independence on the part of the arbitrator.

In its decision, the International Centre for Settlement of Investment Disputes (ICSID) Tribunal sought “guidance from the 2004 International Bar Association (IBA) Guidelines on Conflicts of Interest

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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