Arbitration analysis: The Paris Cour d’Appel upholds an annulment challenge brought by Opportunity Fund (‘OF’) to an ICC Award with a facts-based analysis of the nature of previously undisclosed business links between a third-party parent company and the law firm in which the presiding arbitrator was a partner. The court held that irrespective of the whether the parent, Vivendi, had legal control over Telecom Italia (T.I.), the size of its shareholding and the direct involvement in T.I.’s affairs meant that the outcome of the arbitration was of significant importance to it. The importance and significance of the relationship between the firm and Vivendi was confirmed by that law firm’s choice, at the time of the disqualification application against its partner (the presiding arbitrator) to ‘give priority to continuing the business relationship notwithstanding the existence of the arbitration proceeding’. The court held that these links were such that they would likely affect the arbitrator’s independence, characterising an objective situation of conflict of interest likely to give rise to reasonable doubts about the arbitrator’s independence in the minds of the parties. Written by Adi Trivedi, associate, and Sara Nadeau-Seguin, partner at Teynier Pic in Paris.