Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 1, pp. 41-64
Language of the paper: Serbian
Original scientific paper
udk: 341.63
doi: 10.5937/zrpfns52-15590
Author:
Maja Stanivuković, Ph.D., Full Professor
University of Novi Sad
Faculty of Law Novi Sad
m.stanivukovic@pf.uns.ac.rs
Abstract:
Arbitration has become a dominant dispute resolution mechanism, both in international commercial and investment matters. Despite the significant differences that exist between these two fields, a single profession of arbitrator has emerged, whose members are engaged in both commercial and investment disputes. The members of this profession often sit together in arbitral tribunals, or else appear before the arbitral tribunals as representatives of the parties. They are also inextricably interconnected with global law firms, which secure the position of the arbitrators through repeated appointments. Bearing this in mind, one can only conclude that opportunities for conflicts of interest to arise are virtually endless. With the aim of preventing and regulating such situations, attempts have been made to categorise the circumstances and facts that could constitute conflict of interest, which may, or in some cases must lead to the disqualification of the pertinent arbitrator from the proceedings. One example of such an attempt are the IBA Guidelines on Conflict of Interest in International Arbitration. However, the Guidelines are subject to criticism as they can be considered, at times, too tolerant or oblivious of certain potentially suspect situations that are bound to arise in arbitration practice.
Keywords:
arbitrator, arbitration, conflicts of interes, IBA Guidelines on Conflicts of Interest in International Arbitration.