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Court identifies weaknesses in the IBA Guidelines on Conflicts (W v M)

Court identifies weaknesses in the IBA Guidelines on Conflicts (W v M)
Published on: 03 March 2016
Published by: LexisPSL
  • Court identifies weaknesses in the IBA Guidelines on Conflicts (W v M)
  • Practical implications
  • Facts
  • Judgment
  • The test for apparent bias
  • The IBA Guidelines
  • Court details

Article summary

Arbitration analysis: The claimant challenged an award under section 68 of the Arbitration Act 1996 (AA 1996) on grounds that the arbitrator was subject to apparent bias on the ‘Non-Waiveable Red List’ of the International Bar Association (IBA) Guidelines on Conflicts of Interest in International Arbitration (IBA Guidelines). Knowles J found that the fair-minded informed observer would not conclude that the arbitrator was apparently biased. He took into account the IBA Guidelines but found weaknesses in the classification of potential conflicts and contradictions in the ability to take into account the facts of the case. The challenge was dismissed. or take a trial to read the full analysis.

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