The Duties & Obligations of Arbitrators - Live At Your Desk - Learn Live

Introduction

What are the duties and obligations of an arbitrator? What can a party do if they feel that an arbitrator is not living up to those duties and obligations?

This virtual classroom seminar will explore the disclosure obligations of arbitrators in relation to conflicts of interest, under the current rules and under the proposals for reform.

Also covered will be the issue of subject-matter conflicts, and arbitrator bias. If an arbitrator has already ruled on an issue, does this bar them from hearing another case on the same issue? What is the test for bias? Does a party need to show actual bias, or are justifiable doubts about impartiality enough? How difficult is it to prove bias?

While the session will focus on the UK position, consideration will also be given to the position in the other major arbitral seats (Paris, Singapore, Switzerland, and Hong Kong), as well as the position under the IBA Guidelines on Conflicts of Interest and the different major institutional rules including ICSID, UNCITRAL, ICC, LCIA and SIAC.

What You Will Learn

This live broadcast will cover the following:

• The current rules on arbitrator disclosure and bias
• The available grounds and means for challenging an arbitrator
• The tactical considerations in challenging an arbitrator including issues of timing
• An update on recent case law including Halliburton, Radisson Hotels, and Africa Sourcing
• Whether complaints about an arbitrator can be successfully made after an arbitration has concluded either by way of challenge or at the enforcement stage
• The impact of an unsuccessful and/or a successful arbitrator challenge
• The reform proposals coming from UNCITRAL and ICSID, the Law Commission’s proposals for significant changes to the UK’s Arbitration Act.