Arbitration Links - Linklaters
  • Year: 2017
  • Month: May

English High Court rejects attempt to obtain disclosure from arbitrators in support of an application to remove them

18 May 2017 Adrien Canivet, England & Wales; Europe

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In P v. Q & Others [2017] EWHC 148 (Comm), a party to an arbitration sought an order, in support of its application to remove two arbitrators, that the tribunal disclose material to it. The High Court dismissed this request; it recognised that arbitrators’ adjudicative materials are, like judges’, immune from disclosure.  It also clarified the scope of that immunity.

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U.S. Appeals Court rejects conflict-of-interest challenge to London award

08 May 2017 John Akin; Adam Lurie, North America; United States of America

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In a March 31 decision, the U.S. Court of Appeals for the D.C. Circuit affirmed a lower court’s decision to confirm an $18.5 million arbitral award entered by a London tribunal in favor of the Belize Bank Ltd. (“the Bank”), rejecting an argument from the government of Belize (“Belize”) that an arbitrator’s alleged conflict of interest violates U.S. public policy. The decision affirms the principle that barristers in the same English chambers—unlike lawyers in an American law firm—are presumed to be independent practitioners.

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