Conflict of Interest in Arbitration: Avoiding Traps for the Unwary
Download and listen anywhere
Download your favorite episodes and enjoy them, wherever you are! Sign up or log in now to access offline listening.
Conflict of Interest in Arbitration: Avoiding Traps for the Unwary
This is an automatically generated transcript. Please note that complete accuracy is not guaranteed.
Description
Section 8 and 45 of the Arbitration and Conciliation Act (“ACA”) impose a duty of disclosure of circumstances likely to give rise to any justifiable doubts as to the impartiality...
show moreSimilarly, in a potential conflict scenario, both provisions also permit parties to challenge an arbitrator within fifteen (15) days of becoming aware of the constitution of the arbitral tribunal, or of becoming aware of the conflict scenario, as the case may be.
As simple and straightforward as these obligations appear, their application and interpretation within the context of factual scenarios are not always as simple. What is more, the ACA itself does not provide much direction on the yardstick or guidelines for evaluating circumstances likely to give rise to any justifiable doubts as to an arbitrator’s impartiality or independence.
In Episode 4 of our Special Legal Podcasts, our seasoned dispute resolution experts: Abimbola Akeredolu, SAN, FCIArb. (Partner); Chinedum Umeche, FCIArb. (Partner); Adeola Agunbiade-Adeyemi, MCIArb. (Senior Associate); and Sixtus Iwuoha (Associate) dissects the delicate and topical issue of conflict of interest in arbitral proceedings. The speakers shed some light and provide useful insights to parties and counsel in arbitral proceedings, on factors to bear in mind during the appointment process, as the question of conflict is fast becoming one of the go-to reasons for setting aside an arbitral award.
Information
Author | Africa Business Radio |
Organization | Africa Business Radio |
Website | - |
Tags |
Copyright 2024 - Spreaker Inc. an iHeartMedia Company