Articles | 2018-11-23

TELLES’ overview about a Portuguese State Court´s decision regarding the application of IBA guidelines on conflicts of interest in international arbitration

Inês Príncipe, Associate of TELLES, wrote about a recent Portuguese State Court´s decision regarding the application of IBA Guidelines on Conflicts of Interest in International Arbitration. In this decision, rendered in 1st February 2018, in a patent arbitration, the Lisbon Court of Appeal declined a request for disqualification of an arbitrator, made on the grounds of multiple nomination (11 times) in similar cases, by the same law firm, within the three previous years and of publication of several books and scientific articles regarding the legal subject matter of the arbitration. As this recent Portuguese case law shows, there is a clear influence of the Guidelines when addressing the standard for disclosure, as well as the standard for disqualification of the arbitrators, with express reference made by the Courts to the IBA Guidelines.

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