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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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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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