
In international arbitration, arbitrators’ words and comments outside the proceedings have sometimes led to allegations of bias—and even disqualifications—in the proceedings. Today we have several examples. One arbitrator was disqualified from an investment case for skeptical but general remarks about Latin American governments. Others have been challenged (both successfully and unsuccessfully) for statements in support of Ukraine in cases involving Russia, or for joking (disparagingly) in a television broadcast about “burkini’s.” Other examples involve arbitrators who speak out—properly or improperly—to defend themselves against allegations of misconduct. These examples shine a spotlight on the tension between arbitrators’ public speech and their professional duties.
Join us to examine how statements, whether made in public or private, can impact an arbitrator’s perceived fairness. The webinar will be led by Catherine Rogers, Research Professor and Affiliated Scholar, University of California, College of the Law (San Francisco, CA, USA) and Full Professor of Law Università Bocconi (Italy), and Gábor Damjanovic, Chair of the IBA Professional Ethics Committee, Managing partner at Forgó, Damjanovic & Partners Law Firm (Budapest, Hungary). In addition to facilitating an interactive discussion, Professor Rogers and Mr. Damjanovic will also engage the audience to discuss how to develop best practices for navigating the delicate line between expressing legitimate views and crossing over into potential bias.