Tag Archives: Conflict of interest

Conflict of interest risks for counsel in international arbitration

Decision of the Solicitors Disciplinary Tribunal of 18 July 2017, case No. 11592-2016 In its decision of 18 July 2017, the English Solicitors Disciplinary Tribunal, the equivalent in France of the conseil de discipline des avocats, ordered a prestigious law firm and one of its partners to pay a substantial fine for not having identified […]

French Cour de cassation: Arbitrators’ duty to disclose / parties’ duty to investigate

On 16 December 2015, the French Supreme Court (“Cour de cassation”) confirmed that an arbitrator had breached his duty of disclosure by not revealing an operation that was manifestly of importance to his law firm. This firm had been advising Leucadia corporation (“Leucadia”), the parent company of Caribbean Fiber Holding (“CFH”), which was co-defendant with […]

England and Wales High Court partially relies on IBA Guidelines on Conflicts of Interest to grant removal application

Sierra Fishing Company & Others v. Farran & Others – [2015] EWHC 140 (Comm) In a judgment issued on 30 January 2015, the England and Wales High Court of Justice accepted an application to remove an arbitrator by partially relying on the IBA Guidelines on Conflicts of Interests. The facts of the case at issue […]

The French Supreme Court’s pragmatic assessment of the arbitrators’ duty of disclosure

Since the Tecnimont saga and the judgment dated 14 October 2014 (commented here and here), the Paris Court of Appeal has confirmed its broad interpretation of the arbitrator’s duty of disclosure. It seemed important to us to come back on the Paris Court of Appeal’s decision dated 25 June 2014. Indeed, this decision highlights that […]

The International Bar Association (IBA) Reveals new Guidelines on Party Representation in International Arbitration

On 25 May 2013, the IBA Council adopted by a resolution a new set of guidelines, the “IBA Guidelines on Party Representation in International Arbitration” (the “Guidelines”). The need for such guidelines came from the observation that “party representatives in international arbtiration may be subject to diverse and potentially conflicting bodies of domestic rules” (Preamble […]