Andrew Goddard QC and Shourav Lahiri will present a Webinar for the Chartered Institute of Arbitrators (Asia Pacific) on ‘conflicts of interest’ on Wednesday 17 June 2020.
CIArb APAC Regional Director Camilla Godman will make the opening remarks and the event will be moderated by CIArb Malaysia Chairperson Foo Joon Liang and CIArb Australia President John Arthur.
The event will be held at 4pm Malaysia time | 6pm Melbourne/Sydney time | 9am UK time
The term ‘conflict of interest’ is used, somewhat confusingly, to cover various quite distinct situations where a person’s primary duty is or may be affected by a competing duty or interest. When duties and interests clash, the conflict thereby created has to be resolved, but the question of how and by whom such resolution is to be reached is not necessarily straightforward.
In this webinar, Andrew Goddard QC and Shourav Lahiri of Atkin Chambers in London will explore the meaning and scope of ‘conflict of interest’ and consider some of the different conflicts issues which can arise in international arbitration with particular regard to the position of Arbitrators, Experts and Counsel, and how such issues can best be managed and resolved.
1. What is a ‘conflict of interest’?
2. International and localised approaches
3. Fiduciary and contractual duties
4. How ‘conflicts’ issues arise in international arbitration
• Arbitrators – impartiality and disclosure
• Party-appointed Experts – fiduciary duties; duties of confidentiality
• Counsel – fiduciary duties; duties of confidentiality
5. Practical issues
• When should conflict issues be raised?
• Who decides?
• What are the remedies?
• Engineered conflicts
6. Contracting out of conflicts and managing conflicts issues
To view the recording of this event please click here.