International Arbitration: Research based report on perceived conflicts of interest

The desirability in international arbitration of having an impartial and independent arbitrator is widely recognised across different legal cultures.  It is reflected both in domestic arbitration laws and in international and institutional rules.  Our report on perceived conflicts of interest involving arbitrators and advocates coming from the same set of barristers' chambers is based on a survey of our colleagues in overseas law firms with whom we have a close working relationship. 

Download a copy of International Arbitration: Research based report on perceived conflicts of interest.

Some of the key findings include:

• 78% of lawyers believed their clients would not be happy with barristers from the same set of chambers acting as arbitrator and appearing as opposing counsel in the same case.
• 94% of lawyers felt that disclosure should be made by a nominated arbitrator if he or she was aware that a fellow barrister from the same chambers had already been instructed as advocate.
• 65% felt that, under domestic laws, a challenge to an arbitrator that came from the same chambers as one of the advocates was likely to succeed.

Find out more about our International Arbitration practice.