Sports Arbitration is becoming a popular subfield in arbitration with an ever-growing number of cases being registered at the Court of Arbitration for Sport (the “CAS”). The CAS was created in 1984 as a part of the International Olympic Committee, with the idea of solving a rising number of sports conflicts. It is placed under the administrative […]
Arbitrator Independence: Arbitrator Convicted to Prison for a False Statement of Independence
Arbitrator independence is always important, but a court in Malaysia has gone further than usual in convicting an arbitrator to prison for making a false statement of independence. A British arbitrator was sentenced to six months in prison for making a false declaration of independence, as reported by the Global Arbitration Review. According to the Malaysian […]
The Arbitrator’s Duty to Disclose in International Arbitration
The arbitrator’s duty to disclose potential conflicts of interest depends on the applicable law. The arbitrator, in France, is bound by a duty of sincerity towards the parties that can be seen on two levels, in a chronological manner. First, he must reveal all and any potential conflict of interests before accepting his or her […]
The Case of an Arbitrator Late Nomination under the 2012 ICC Rules
The case of an arbitrator late nomination is an unusual one under the ICC Rules. Under Article 12(4) of the 2012 ICC Rules, in the event that the parties have agreed upon a three-member tribunal, the claimant proceeds with the nomination of its co-arbitrator in the Request, and the respondent nominates its co-arbitrator in the […]
The Role of the Arbitral Tribunal Assistant in the Yukos Awards
When The Hague District Court annulled the Yukos awards on 20 April 2016 for a lack of a valid arbitration agreement, it did not consider it necessary to rule on the other grounds raised by the Russian Federation, in particular the argument that the Tribunal failed to personally fulfill its duty because of the alleged […]