Conflicts of Interest in International Arbitration

Released: 9 July 2020

by James Thompson and Jennie Wild on Thursday 9 July 2020.

Jennie outlined the principles relevant to conflicts of interest in international arbitration, including the fiduciary duty of loyalty, and related principles such as the Bolkiah test; and (2) consider the application of such principles to expert witnesses in the case of A Company v X [2020] EWHC 809 (TCC). James then considered the position in relation to arbitrator impartiality and the awaited decision of the UK Supreme Court in Halliburton v Chubb, and how some of the major institutional rules deal with challenges to arbitrators. Whilst the focus of the talks were on international arbitration, the principles discussed have wider application.

Slides

The joint slide presentation can be viewed here.

Related Articles

Jennie and James have previously published articles on group loyalty and arbitrator challenges (respectively) which relate to the contents of their talks. Both articles can be found below.

Challenging Arbitrators In International Arbitration James Thompson (July 2019)

Group Loyalty Jennie Wild (June 2020)

Related Member(s)