February 08, 2017

In this article, Jenner & Block Partner Richard F. Ziegler and Staff Attorney Danielle J. Nicholson examine the implications of arbitrator bias on international arbitration.  The authors explain that the International Bar Association (IBA) and International Chamber of Commerce (ICC) have recently issued guidance on this topic.  They then analyze two court decisions that “illustrate how the alleged failures of arbitrators to disclose potential conflicts of interest in a timely way can generate post-award challenges -- and one of them suggests that the new IBA Guidelines can be more hurtful than helpful.” In both cases, the courts treated the challenges seriously but ultimately rejected them.