The resolution of disputes by an independent and impartial tribunal is a fundamental aspect of arbitration (albeit that English law only requires impartiality and not independence – the latter typically becomes a factor due to institutional rules requiring it). Arbitration conflicts have become a hot topic.
Two particular issues are relevant for arbitrations. Firstly, when is the arbitrator “impartial” for the purpose of potential conflicts of interest? Secondly, what are the powers of arbitrators in relation to conflicts of interest on the part of the lawyers appearing in front of them?
We address the first of those problems here in light of a number of recent English decisions.
Please read the full article in PDF format here.
An abbreviated version of this article was published in Quadrant Chambers summer 2018 newsletter.