Originally from World Arbitration And Mediation Review (WAMR)

Preview Page

20th Annual ITA Workshop

Confronting Ethical Issues in International Arbitration
June 18, 2009

ACT I

Commentary and Panel Discussion: Insiders’ Perspectives on
Challenges Before the ICC International Court of Arbitration

KEN REISENFELD: We are now going to turn to what is really
Scene III, an expert commentary by John Beechey, Chairman of
the ICC International Court of Arbitration, and Jennifer Kirby,
former Deputy Secretary General of the ICC. We hope to elicit
insider views on some of the issues that have been discussed this
morning, including the critiques and lack of understanding of how
things work at the ICC Secretariat and before the ICC Court.
Let me first turn to Jennifer Kirby. Jennifer, perhaps you could
provide insight on the objection and challenge process itself.
Assuming that Edward Zuleta had actually called you at the ICC
Secretariat upon receiving Martin Hunter’s clean statement of
independence and asked you to raise certain questions with the
arbitrator about potential conflict issues that had not been
disclosed, what would have been your response at the ICC
Secretariat? How would you have dealt with it? It would be
interesting if you could also comment on how often objections are
lodged or challenges are submitted and their relative success
rates at the ICC.
JENNIFER KIRBY: That parties have the opportunity to submit
questions to arbitrators is actually something that is not expressly
covered by the ICC Rules, but it is an important practice pointer
for people to know in the ICC context. As was portrayed in the
scenarios, it is possible for a potential arbitrator to file a clean
statement of independence: that is, a statement of independence
which does not disclose any information that might raise a
question with respect to the arbitrator’s independence in the eyes
of the parties. But, even when that is the case, it is possible for a
party to submit questions to the Secretariat. Now, the specific
question that Ken has asked has to do with a party calling the
Secretariat and wanting to raise certain questions. It is possible
to call the members of the Secretariat and, indeed, anybody