Advance Waivers of Arbitrator Conflicts of Interest in International Commercial Arbitrations Seated in New York

April 5, 2016

A recent report issued by the New York City Bar International Commercial Disputes Committee (ICDC), entitled: ‘Advance Waivers of Arbitrator Conflicts of Interest in International Commercial Arbitrations Seated in New York,’ investigates the law and practices concerning advance waivers.

The report sets forth the results of a survey of policies and practices of institutional providers in all major seats around the world with respect to arbitrator requests for advance waivers of conflicts. It also provides some considerations for arbitrators and counsel when drafting advance waivers or advising clients as to the advisability of consenting to such waivers.

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