Arbitration Clause in the Agreement: Jurisdiction and Disclosure and Bias

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Student’s Name
Regitration Number
Institution
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Table of Cases
Korsnas Aktiebolag v. AB Fortum Varme [2010]
List of Abbreviations.
ICC-International Chamber of Commerce
UNCITRAL-United Nations Commission on International Trade Law.
IBA-International Bar Association
List of Statutes
ICC rules of Arbitration
UNCITRAL Model Law 2006
IBA guidelines on conflict of interest Arbitration
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Jurisdiction.
The Jurisdiction of this tribunal is granted by the Arbitration Clause in the Agreement. Clause
100 of the Agreement states that; “All disputes arising directly from the terms of this contract
to be resolved judicially by an expert from London under ICC.” The parties to the Arbitration
have not made it clear as to whether they would want to be governed by arbitration rules as set
out by the International Bar Association. The effect would be that the said rules are used for
purposes of these proceedings unless either party raises an objection towards the same. However,
all other rules of Arbitration will apply to the extent that they are applicable to these proceedings.
However, I will also rely on the ICC rules of Arbitration.
Disclosure and Bias.
To begin with, I will start by complying with Article 11(2 and 3) of the ICC rules of Arbitration
as well as UNCITRAL Model Law 20061 which require that an Arbitrator must disclose any
information that may lead to doubts as to their impartiality or independence before the eyes of
the parties.2 The information is as follows;
1. I own 2% of the shareholding of a company which was, until three years ago, a major
supplier to the Claimant.
2. I am a keen motorcyclist.
3. Three years prior to being contacted in connection with the case, I was treated at the
same hospital in Istanbul at which the operation was carried out on Aiden O’Reilley.
4. Six months ago, I was included in a list of possible arbitrators by the Respondent in a
claim in which it was pursuing a building company for alleged shoddy building works
at its Australian headquarters. I was however not selected.
I will consider each issue as stated above as follows:
1. Owning 2% shares in a company which was until 3 years ago a major supplier to the
claimant.
1 UNCITRAL Model Law 2006 ‘Grounds for Challenge’
https://www.jus.uio.no/lm/un.arbitration.model.law.1985/12.html (accessed on 08/02/2019)
2 ICC Arbitration rules https://cdn.iccwbo.org/content/uploads/sites/3/2017/01/ICC-2017-Arbitration-and-
2014-Mediation-Rules-english-version.pdf.pdf (accessed on 08/02/2019)
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