Opening the Black Box of Conflicts of Interest

The credibility of arbitration is, inter alia, determined by the absence of justified or perceived conflicts of interest that may affect the relationships between the arbitrators, the parties and the parties’ representatives.

The nature of human relationships gives rise to a wide range of situations. Having the best interest of swift arbitration proceedings in mind, both CEPANI and the NAI have collected for arbitration users and practitioners authentic (and completely anonymous) issues that they have encountered as arbitral institutions and that required a solution to guarantee fair and proper proceedings. This study provides a unique insight into the world of conflicts of interest. The case studies of both bodies have as a backdrop Belgian and Dutch legislation. Experiences and practices beyond these two countries are also highlighted.

Lastly, highly experienced arbitration practitioners provide comment on additional case studies.

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