International Arbitration and Conflict of Interest
Sandip Patel KC FCIArb
33 Bedford Row and Quantum Resilience International, Guernsey
Examination by a UK court of the International Bar Association Guidelines on Conflicts of Interest in International Arbitration 2014 para.1.4 which stated that there would be a non-waivable conflict of interest where "the arbitrator or his or her firm regularly advises the party, or an affiliate of the party, and the arbitrator or his or her firm derives significant financial income therefrom". The court commended the objective of the guidelines, but explained why some of the provisions dealing with non-waiver of certain conflict of interest situations were weak and could not be given judicial approval.