13 Sep 2018
According survey results set forth in the September 2016 Report on the reception of the IBA Arbitration Soft Law Products:
In England and Wales, roughly half of the arbitrations involving arbitrator conflicts of interest referred to the Conflicts of Interest Guidelines. The most referenced articles were Articles 1, 2-4 and 5-7. Where the respondents acted as counsel in arbitrations involving arbitrator conflicts of interest, they consulted the Conflicts of Interest in 90 per cent of cases, and they consulted the guidelines to decide whether or not to take on an appointment in 61 per cent of cases.
Since the Report came out, there have been a number of English court decisions addressing the issue of repeat appointments of arbitrators with reference to the Orange List in the Guidelines on Conflicts of Interest in International Arbitration (the “Guidelines”). The Orange List is a non-exhaustive list of situations that may give rise to justifiable doubts as to an arbi