International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step but nonetheless commenced arbitral proceedings? Typically, the parties have a satellite dispute: on one side, whether the commencement of the arbitration is void thus depriving the arbitral tribunal of all jurisdiction due to the non-compliance and on the other side, whether such non-compliance is an issue of admissibility that falls within the arbitral tribunal’s remit to address by way of procedural modification (for example, by ordering a stay of proceedings pending completion of a negotiation period).
Read moreEnglish Supreme Court rejects universal application of “gold standard” for disclosure of arbitrators’ interests
In this vein, several arbitral institutions’ rules impose what is known as the “gold standard”, requiring arbitrators to disclose interests which might lead not only to actual bias, but also to the appearance of bias. However, in the recent case of Halliburton v Chubb, the English Supreme Court has emphasised the need to balance disclosure and confidentiality, and has recognised the variety of custom and practice in relation to disclosure among various industries’ arbitral bodies.
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