ICC Court Adopts Guidance Note on Conflict Disclosures by
On 12 February 2016, Bureau of the ICC Court unanimously adopted
the Guidance Note for the Disclosure of Conflicts by
Arbitrators ("the Note"). The Note
is aiming at ensuring that arbitrators are forthcoming and
transparent in their disclosure of potential conflicts. The Note
provides arbitrators with a non-exhaustive list of circumstances
which parties may doubt an arbitrator's independence or
impartiality. The Note, however, also makes it clear that a
disclosure does not imply there exists a conflict of interest,
besides, in the event of an objection or a challenge, it is at the
Court's discretion as per causes for disqualification.
But there are potential consequences in failing to disclose.
Similar to the International Bar Association's Guidelines
on Conflicts of Interests in International Arbitration
("IBA's Guidelines"), the Note also recognizes the
roles of third party funders. However, unlike the IBA's
Guidelines, the ICC does not require a party to disclose the fact
of any third party funding to the tribunal and other
HKIAC Launches IP Arbitrator Panel
On 24 March 2016, the Hong Kong International Arbitration Center
(HKIAC) announced to establish a new panel of arbitrators to hear
intellectual property disputes ("the
Panel"). The Panel currently includes 30 members who
are leading experts with immense experience and expertise in
handling intellectual property (IP) cases. The launch of the Panel
coincides with the Hong Kong Government's proposed amendments
to Hong Kong's arbitration ordinance which clarify that
IP-related awards can be enforced without breaching public
ICC Gets Green Light to Open Office in Shanghai
On 24 February 2016, the International Court of Arbitration of
the International Chamber of Commerce (ICC) was granted a license
to open a representative office in Shanghai's Free Trade Zone.
Following the HKIAC and SIAC, ICC is the third foreign-based
international arbitration institution to open a representative
office in Mainland China.
Nauru Signs and Ratifies the ICSID Convention
On 12 April 2016, the Republic of Nauru signed the
Convention on the Settlement of Investment Disputes between
States and Nationals of Other States (the "ICSID
Convention"). Following the signing, Nauru's
Instrument of Ratification of the Convention was deposited with the
World Bank. In accordance with its Article 68(2), the ICSID
Convention will enter into force for Nauru on 12 May 2016. After
that, the number of signatory (8 states) and contracting states
(153 states) of the Convention will be 161 in total.
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We discuss Robinson Helicopter Company Incorporated v McDermott  HCA 22 .
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