Advance Waivers on Future Conflicts of Interest - Financial Self-Interest Muscling a Principle Aside
Article from: TDM 1 (2017), in CILS - Biennial Symposium on International Arbitration and Dispute Resolution
A core principal of all international commercial arbitration is assuring the neutrality of the arbitrator(s). Under virtually all international arbitration rules, this neutrality must be confirmed at the time of appointment and vigorously maintained until the final award. Recently, however, some arbitrators have, at the time of appointment, sought discretely to obtain the parties' consent to an "advance waiver on future conflicts of interest." This article considers the potential harm they can cause in an international arbitration. It concludes that until a legally valid text ...