Counsel, Linklaters
On 25 June 2024, CEPANI40 organised a lively and thought-provoking panel discussion on arbitrators’ conflicts of interests in international arbitration. The event was kindly hosted by Strelia in the firm’s brand new Brussels premises, and attracted a broad audience of arbitration practitioners of various seniorities, in-house counsel, and academics.
After a brief introduction by the co-chairs of CEPANI40 (Lauren Rasking and Guillaume Croisant), the well-balanced panel saw Iris Raynaud (Hanotiau & van den Berg) expertly moderate the discussion between Sylviane Bartholomeeusen (ENGIE), Jean-François Le Gal (Pinsent Masons), and Joanna Kolber (Strelia). The speakers drew on practical examples and recent case law, and their diverse backgrounds greatly enriched the conversation. In particular, the panel benefited from Sylviane’s in-house counsel perspective and recent practical experiences, and the comparative insights brought by Jean-François, who is qualified in both France and England.
The discussion addressed the core concepts of independence and impartiality in international arbitration, with a focus on contemporary challenges in disclosure, potential conflicts of interest, and emerging good practices. The panel navigated key issues including the ongoing duty of disclosure, how institutions and parties handle perceived and actual conflicts, the implications of “double-hatting,” and “issue conflicts”, the risks posed by social media activity, and the evolving approaches to arbitrator immunity. Case studies and recent decisions from ICSID, Belgium, France, and the United Kingdom provided a cross-jurisdictional view, and the interplay between parties’ expectations and legal standards was thoughtfully examined.
The panel delivered high-quality, practical and thought-provoking discussions and did not shy away from sharing candid views on what remains a complex and sensitive subject. Their openness sparked meaningful exchanges and encouraged the audience’s active participation.
Following the animated discussion, guests enjoyed networking over summer drinks and canapés in Strelia’s beautiful garden.
