Introduction

Strange as it may seem, the ICC International Court of Arbitration ("the ICA") recently (apparently for the first time) ruled on a challenge to an arbitrator based on the grounds that the arbitrator and counsel for one of the parties were from the same chambers. There had been a challenge based on the same ground some years ago, but that challenge was not ruled on because the arbitrator concerned was persuaded to step down. The facts of the recent challenge are interesting and raise some new questions about an old problem, particularly in the light of the IBA Guidelines ...