tag:blogger.com,1999:blog-8429122404476438989.post426226682751327546..comments2024-03-05T01:13:08.033+05:30Comments on Lex Arbitri - the Indian Arbitration Blog: Does having been classmates with a party’s counsel undermine impartiality and independence of an arbitrator? ICSID says no.Deepak Rajuhttp://www.blogger.com/profile/10227775347125508118noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8429122404476438989.post-6372477718451096452011-12-30T07:30:28.430+05:302011-12-30T07:30:28.430+05:30In a case of Laker Airways Inc v FLS Aerospace Ltd...In a case of Laker Airways Inc v FLS Aerospace Ltd [2000] 1 W.L.R. 113 (QBD (Comm)) similar question arose Whether a party appointing their counsel and their arbitrator from the same barristers' chambers contravenes the requirement of impartiality? <br /><br />The court held :<br /><br />....that a judge/arbitrator would be disqualified if there were an appearance of bias (i.e. a real danger that he was biased). The judge concluded that no such danger existed in the present case. He emphasised the self-employed status of each barrister. In a similar case, the Paris court of appeal reached the same conclusion (Kuwait Foreign Trading Contract and Investment Co. v.Icori Estero SpA, unreported, June 29, 1991), as had a special committee of the LCIA. The judge further concluded that there was no lack of independence (which is a requirement of many institutional rules and national laws but is not a separate requirement under the English Act). Nor was there a risk of confidential information passing across “Chinese walls”.Mananhttps://www.blogger.com/profile/11086917279070437934noreply@blogger.com