Introduction

Thomas has asked me to briefly compare the approach in the Positive Software Solutions case I noted yesterday [See OGEMID, 27 Feb 2006, the US Appellate Decision is also available from the TDM website, TDM 2 (2006)] with the approach under the IBA Guidelines for Conflicts of Interest. Other OGEMID participants are far more knowledgeable about the IBA Guidelines than me, and I therefore invite all corrections. Unlike the IBA Guidelines, the Positive Software Solutions case does not distinguish between the scope of mandatory disclosure by an arbitrator and the right of a ...