- The IBA Guidelines on Conflicts of Interest: Portuguese courts differ
- Original news:
- What is the Portuguese legal setting in relation to international standards on the conflicts of interest in arbitration?
- What is the latest Portuguese case law in this area?
- What was the background from previous case law?
- How may the Administrative Courts’ decisions be analysed?
- What are the practical implications?
- What should foreign practitioners take into consideration when dealing with these issues in Portugal?
Arbitration analysis: Duarte G. Henriques (BCH Lawyers) and Marta Boura (Lisbon Law School) discuss two recent decisions from Portuguese administrative courts, which have found the IBA Guidelines on Conflicts of Interest in International Arbitration (the IBA Guidelines) to be inapplicable in domestic arbitrations which had generated challenges to arbitrators. They note that the courts’ approach differs from other Portuguese case law and they discuss practical implications for international arbitration practitioners.
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