Conflicts of Interest

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

by Guide Arbitration
May 30, 2020May 13, 2020
Blog Post, Blog Posts, CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Multiple Appointments, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108Case nr. 1577/18.0YRLSB-111-02-2020LINK DGSI Summary: I- Non-compliance or defective fulfilment of the duty to disclose shall not in itself constitute grounds for disqualification of the arbitrator, and it… Read More »Lisbon Court of Appeal | Independence and Impartiality of the Arbitrators | IBA Guidelines on Conflicts of Interest | Multiple Appointments | Duty to Disclose | Case #108

Lisbon Appeal Court | Time Limit to Seek Annulment | Annulment of Arbitral Awards | Vexatious Litigation | Litigate in Bad Faith | Limitation Period | Bad Faith’s Litigation | IBA Guidelines | Independence and Impartiality | Case #107

by Guide Arbitration
May 28, 2020May 28, 2020
Annulment Arbitral Award, Arbitration Agreement, Blog Post, Blog Posts, CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, NEWS|EVENTS|POSTS, Portuguese Arbitration, Posts

Lisbon Court of Appeal | IBA Guidelines | Conflicts of Interest | 22-01-2019 | Case #086

by Guide Arbitration
February 1, 2019January 19, 2020
CASE LAW, Conflicts of Interest, IBA Guidelines, Lisbon Court of Appeal, Portuguese Arbitration

The IBA Guidelines are American rules, unfit for the European rules, and are useful as any document on ethics, but the parties are not obliged to comply with them, much less the arbitrators.

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023

by Guide Arbitration
August 30, 2018January 19, 2020
CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 01-02-2018 Case Nr. 1320/17.0YRLSB-8 LINK DGSI Headline: The Arbitrator’s prior opinion on a given issue does not in itself imply a lack of independence or impartiality. Summary: The fact that the arbitrator has an opinion about certain issues does not in itself imply lack of impartiality or impartiality. In certain… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022

by Guide Arbitration
August 29, 2018January 19, 2020
CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 03-10-2017 Case Nr. 1177/17.1YRLSB-7 LINK DGSI Headline: In cases where omission to disclose is of substance that is fundamental in nature, this in itself would point towards a lack of independence or impartiality. Where the challenge is based on the fact that certain relevant evidence was not considered by the… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | IBA Guidelines | Challenge of Arbitrator | 13-09-2016 | Case #021

by Guide Arbitration
August 26, 2018January 19, 2020
CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 13-09-2016 Case Nr. 581/16.7YRLSB.-1 LINK DGSI Headline: A challenge to an arbitrator’s independence and impartiality is to be determined through an objective criterion, and not through the eyes of either party. A nomination for numerous arbitrations does not, by itself, constitute grounds for challenge of the arbitrator, especially in a… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | IBA Guidelines | Challenge of Arbitrator | 13-09-2016 | Case #021

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

by Guide Arbitration
August 16, 2018January 19, 2020
CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 29-09-2015 Case Nr. 827/15.9YRLSB-1 LINK DGSI Headline: Non-disclosure of relevant circumstances may lead to justifiable doubts against an arbitrators independence and impartiality. Summary: The arbitrator did not disclose at the time of his nomination or appointment: his previous participation in identical or similar arbitrations, as well as the opinion… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019

by Guide Arbitration
August 15, 2018January 19, 2020
CASE LAW, Challenge of Arbitrators, Conflicts of Interest, IBA Guidelines, Independence and Impartiality of Arbitrators, Lisbon Court of Appeal, Portuguese Arbitration

Lisbon Court of Appeal Date: 24-03-2015 Case Nr. 1361/14.0YRLSB.L1-1 LINK DGSI Headline: Arbitrator can be disqualified for being repeatedly appointed by same party/law firm if the circumstances in question give rise to justifiable doubts. Provisions under IBA Guidelines on the Conflict of Interest in International Arbitration 2004, Orange List (3.1.3, 3.1.5 and 3.3.7) were referred… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019

Supreme Court of Justice (Portugal) | IBA Guidelines Conflicts of Interest |12-07-2011 | Case #001

by Guide Arbitration
July 25, 2018January 27, 2020
CASE LAW, Conflicts of Interest, IBA Guidelines, Supreme Court of Justice

It follows from the constitutional framework that arbitral tribunals are equated to state courts and, once constituted an arbitral tribunal, the essencial characteristics of a state court must be observed, inter alia the impartiality of the decision maker, including those appointed by the parties.