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This document is part of the ICC Dispute Resolution Library.
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Publisher: Image of Publisher which is The International Chamber of Commerce (ICC DRL)
Type: Books
Publication Date: 24 October 2022
Language: English
Table of content

One standard, many interpretations: the highly varied practice of arbitrator disclosure of potential conflicts and what can be done about it

1. Introduction

212.

During my time at ICC, I had the immense privilege of serving under the leadership of five different ICC Court Presidents, the last one being Alexis Mourre. Each of them was the right president for their time and each of them made notable contributions to the development of ICC arbitration.

Alexis took the helm of the ICC Court at a crossroad moment for ICC arbitration and international arbitration more broadly, as the legitimacy of international arbitration as an institution was being called into question. The times called for a reformarteur. He promised to be one and made good on that promise. He based his tenure on three main axes of action, that is, (1) reforming the ICC rules to incorporate expedited procedure rules as well as more transparent rules for the operation and decision-making of the Court, (2) aggressively expanding the physical presence of the ICC Court, and (3) implementing new ICC Court policies to enhance transparency and diversity in different aspects of ICC arbitration. As Deputy Secretary General of the ICC Court and, subsequently, Vice-President of the ICC Commission on Arbitration and ADR during Alexis' presidency, I enjoyed being a front-row witness of his achievements.

Enhancing transparency in all aspects regarding arbitrator appointments, including disclosure, was one of the objectives of the reforms implemented by Alexis. Looking back at his tenure as part of one of his farewell speeches before the assembly of members of the Club Español del Arbitraje (‘CEA'), Alexis opened the discussion with the issue of legitimacy in international arbitration. Referring to the recent European Court of Human Rights' decision in Beg S.p.a.

v Italy, which we will explore below, he highlighted the fundamental role of transparency between arbitrators and the parties in order to protect their due process rights.

Alexis also reflected on the fact that we should not assume that

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