Conflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitrators
Arbitration has become a dominant dispute resolution mechanism, both in international commercial and investment matters. Despite the significant differences that exist between these two fields, a single profession of arbitrator has emerged, whose members are engaged in both commercial and investment...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2018-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2018/0550-21791801041S.pdf |
| _version_ | 1819136184999215104 |
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| author | Stanivuković Maja D. |
| author_facet | Stanivuković Maja D. |
| author_sort | Stanivuković Maja D. |
| collection | DOAJ |
| description | Arbitration has become a dominant dispute resolution mechanism, both in international commercial and investment matters. Despite the significant differences that exist between these two fields, a single profession of arbitrator has emerged, whose members are engaged in both commercial and investment disputes. The members of this profession often sit together in arbitral tribunals, or else appear before the arbitral tribunals as representatives of the parties. They are also inextricably interconnected with global law firms, which secure the position of the arbitrators through repeated appointments. Bearing this in mind, one can only conclude that opportunities for conflicts of interest to arise are virtually endless. With the aim of preventing and regulating such situations, attempts have been made to categorise the circumstances and facts that could constitute conflict of interest, which may, or in some cases must lead to the disqualification of the pertinent arbitrator from the proceedings. One example of such an at tempt are the IBA Guidelines on Conflict of Interest in International Arbitration. However, the Guidelines are subject to criticism as they can be considered, at times, too tolerant or oblivious of certain potentially suspect situations that are bound to arise in arbitration practice. |
| first_indexed | 2024-12-22T10:30:57Z |
| format | Article |
| id | doaj.art-e62785d81bef45628b4b9f0cec157409 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-22T10:30:57Z |
| publishDate | 2018-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-e62785d81bef45628b4b9f0cec1574092022-12-21T18:29:20ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552018-01-0152141640550-21791801041SConflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitratorsStanivuković Maja D.0Univerzitet u Novom Sadu, Pravni fakultet u Novom SaduArbitration has become a dominant dispute resolution mechanism, both in international commercial and investment matters. Despite the significant differences that exist between these two fields, a single profession of arbitrator has emerged, whose members are engaged in both commercial and investment disputes. The members of this profession often sit together in arbitral tribunals, or else appear before the arbitral tribunals as representatives of the parties. They are also inextricably interconnected with global law firms, which secure the position of the arbitrators through repeated appointments. Bearing this in mind, one can only conclude that opportunities for conflicts of interest to arise are virtually endless. With the aim of preventing and regulating such situations, attempts have been made to categorise the circumstances and facts that could constitute conflict of interest, which may, or in some cases must lead to the disqualification of the pertinent arbitrator from the proceedings. One example of such an at tempt are the IBA Guidelines on Conflict of Interest in International Arbitration. However, the Guidelines are subject to criticism as they can be considered, at times, too tolerant or oblivious of certain potentially suspect situations that are bound to arise in arbitration practice.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2018/0550-21791801041S.pdfarbitratorarbitrationconflicts of interesIBA Guidelines on Conflicts of Interest in International Arbitration |
| spellingShingle | Stanivuković Maja D. Conflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitrators Zbornik Radova: Pravni Fakultet u Novom Sadu arbitrator arbitration conflicts of interes IBA Guidelines on Conflicts of Interest in International Arbitration |
| title | Conflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitrators |
| title_full | Conflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitrators |
| title_fullStr | Conflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitrators |
| title_full_unstemmed | Conflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitrators |
| title_short | Conflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitrators |
| title_sort | conflict of interest arising from acting as both counsel and arbitrator and its impact upon appointment of arbitrators |
| topic | arbitrator arbitration conflicts of interes IBA Guidelines on Conflicts of Interest in International Arbitration |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2018/0550-21791801041S.pdf |
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