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ADR & Mediation
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed a practitioners who undertake dispute resolution by means of arbitration as well as those who act as arbitrators. It will examine the current issues that are emerging in international arbitration about the perceptions of bias or partiality among arbitrators and what guidance is available to preserve the integrity of the arbitration process.

After completing the course you will:
  • Know why impartiality is an important feature of international arbitration;
  • Understand what is meant by ‘impartiality’, ‘conflict’ and ‘bias’;
  • Understand whether apparent bias is more dangerous than actual bias;
  • Understand how instances of perceived impartiality are graded;
  • Be aware of the current challenges facing London as a centre of international arbitration;
  • Be aware of the sources of international guidance on impartiality and conflicts;
  • Understand the practical limitations on raising issues of potential conflict and bias;
  • Understand who is responsible for enforcing issues of impartiality;
  • Understand How one goes about challenging an arbitrator on grounds of impartiality;
  • Understand from recent examples why challenges happen;
  • Understand the current debate about impartiality and the English Bar and who’s perspective is important in resolving potential issues.
General Interest Difficulty: 2 of 5
Market Update / Hot Topic
Practical Guide
Sources and References:
  • Alpha Projektholding GmbH v Ukraine (ICSID Case No ARB/07/16);
  • The Laker Airways case [2000] 1 WLR 113;
  • Porter v McGill [2002] 2 AC 357 ;
  • R (ex p Pinochet) v Bow Street Magistrate, (No 3) [1999] UKHL 17;
  • Hrvatska Elektroprivreda DD v The Republic of Slovenia (ICSID Case No.ARB/05/24);
  • Tidewater Inc. et al. v Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/5).

This podcast with Richard Bamforth – head of litigation and arbitration at Olswang – is about arbitration and issues if impartiality. It will examine whether the threat of partial arbitrators is more perceived than real and which is more dangerous to the industry. It will use a series of recent cases to demonstrate where ‘red flags’ might be raised and what issues are currently facing London as a centre of arbitration.

Podcast added: 16/03/2011

Podcast last reviewed: 2012-05-28

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