Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “any circumstances likely to give rise to justifiable doubt as to their impartiality and…
For the centenary anniversary of the ICC International Court of Arbitration, this year’s ICC New York Conference on International Arbitration convened over 330 international arbitration practitioners…
How strong a scent of a conflict will a court tolerate before setting aside an international commercial arbitration award on procedural grounds? In Aroma Franchise Company Inc. et al v. Aroma…
It is undisputed that arbitration depends on the trust placed by the parties in the arbitrators. The Brazilian Arbitration Act (the “BAA”) reaffirms this principle when it provides that an individual…
The requirement that a tribunal be impartial is a fundamental procedural principle. It is not surprising, then, that under Art. 18 of the Russian Arbitration Act, arbitration proceedings are…
The International Academy of Comparative Law (IACL) held its XXI General Congress in October 2022. The topic of one of the sessions was Impartiality and Independence of International Adjudicators…
The biennial 2020 Arbitration in Africa Survey Report (2020 Survey), which is the second in the series, is focused on top African arbitral centres and seats. It identifies the top and busiest…
Recent legislative developments have shown that Georgia strives to become a hub for dispute resolution in the Caucasus region. The legislative framework on commercial arbitration is now fully…
In a recent case, the Swiss Federal Tribunal (“SFT”) has once again been called to consider the question of independence of the Court of Arbitration for Sport (“CAS”) vis-à-vis its funders and users…
