Arbitrators and potential arbitrators involved in international commercial and investment arbitration cases may face complex issues involving conflicts of interest. What sorts of past or present involvement with a party, or with one of its subsidiaries or a joint venture in which it participates, or with the law firms that are counsel in the arbitration, must be disclosed? How far back in time should one go in searching for potential conflicts? What basis does a party need to object to a disclosed connection? Are the parties free to waive any conflicts that exist, or are there some conflicts that are "nonwaivable"? Are some types of relationships so routine that they need not be disclosed at all? Do the answers vary depending on the country where the arbitration will be held? Laws and arbitration rules speak in generalities, and would-be arbitrators search for more specific guidance.
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Originally published in the New York Law Journal
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