Does a perceived conflict of interest necessarily give rise to apparent bias?

Thu, 03 March, 2016

In W Limited v M Sdn Bhd [2016] EWHC 422 (Comm), Luke Parsons Q.C. and Caroline Pounds acted on behalf of M Sdn Bhd (“M”) and successfully resisted a challenge made to two arbitration awards pursuant to s. 68 of the Arbitration Act 1996 (“AA 1996”) on the grounds of apparent bias based on an alleged conflict of interest.

A copy of the judgment is available here

The Judgment, which was handed down on the 2nd March 2016 will be of interest to all those who practise in the field of international arbitration, not only for its practical application of the well-established  English common law test for apparent bias, but also for Mr Justice Knowles’ pertinent observations on the 2014 edition of the International Bar Association Guidelines on Conflicts of Interest in International Arbitration (“the IBA Guidelines”).