Ethics and regulation

Ethics in international arbitration

This Practice Note considers the various ethical standards that may apply in an arbitration and the impact of those differing standards on various stages of the arbitration such as witness preparation, disclosure and communications between the parties and the arbitrators. The note also covers the arbitrator’s role in ethical decisions and the impact of the IBA Guidelines on Party Representation in International Arbitration. See Practice Note: Ethical standards in international arbitration—an introduction.

Core procedural standards in arbitration

This Practice Note covers core procedural standards that govern international arbitration. It includes a discussion of the law of the seat, applicable institutional rules and other relevant standards such as professional obligations. See Practice Note: Core procedural standards in arbitration.

Conflicts of interest in arbitration—applicable principles

This Practice Note discusses general principles and guidance applicable to arbitrators and parties when assessing and dealing with conflicts of interest in arbitration. It considers: what the general principle of fairness and impartiality is, how an arbitrator’s independence is assessed, the guidance available for assessing and dealing with potential conflicts of interest. This Practice

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Stay of application for injunction in favour of Arbitration (Hunt v IPS Law LLP and Others)

Arbitration analysis: The claimant, Mr Hunt, invested £1.05m in January 2023 through IPS Law LLP (‘IPS Law’), the second defendant, which was meant to hold the funds for the first defendant, Oceania Capital Reserves Ltd (‘Oceania’). IPS Law later apparently transferred the funds, but the circumstances in which that occurred (and the instructions on which IPS Law and its principal, Mr Farnell, the third defendant, relied) were unclear. Mr Hunt applied for an injunction to preserve the funds in IPS Law’s account. The defendants, in return, applied for a stay of the proceedings, arguing that the Investment Agreement between Mr Hunt and Oceania (with IPS Law as the ‘Investment Escrow Party’) referred disputes to arbitration. The court held that IPS Law was not a party to the arbitration clause and could not rely upon it under the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) (Mr Farnell accepted he was not a party). The court decided, however, that there was a serious issue to be tried in relation to the handling of Mr Hunt’s funds and accordingly granted a proprietary injunction. The case addresses issues over the court’s jurisdiction to order a stay under section 9 of the Arbitration Act 1996 (AA 1996) and its ability to order relief where funds held in a solicitors’ client account have been paid away apparently without instruction. Written by Oliver Browne, partner, at Paul Hastings (Europe) LLP.

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