Tag Archives: impartiality
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 –  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 […]
Paris, 1st Division, 1st Chamber, 14 October 2014, No. 13/13459 On 14 October 2014, the Court of Appeal in Paris overturned an order for enforcement of an arbitral award in Barbados because there had been an irregularity in the composition of the arbitral tribunal. The Court of Appeal held that, in the mind of the […]
Tribunal secretaries, also commonly referred to as administrative secretaries or arbitral secretaries, are a regularly debated topic in arbitration. Indeed, although they are supposed to help the tribunal in the conduct of the arbitration, the issue of the extent of their role and their consequences on the integrity of the arbitral process are often raised […]
François Muller published an article on the choice of the arbitrator, a strategic preoccupation in Le Cercle des Echos in the context of our series of articles on the efficiency of the arbitration procedure. It is available here.
Application of res judicata by the French Supreme Court: challenge of an award based on the same facts as a request for removal of an arbitrator already refused by the juge d’appui
Civ. 1st, 13 March 2013 – Carrefour c. Coop Atlantique The fact that the supporting judge’s (the “juge d’appui”) decision dismissing a request for removal of an arbitrator for lack of independence and impartiality is res judicata prevents the award be set aside for the same facts subject to new elements arising subsequently to the first […]