To Disclose or Not to Disclose: Lessons from a Eulogy’ Observations from Port Autonome de Douala v. Douala International Terminal (Paris Court of Appeal No. RG 20/18330)

Abstract

In January 2023, the Paris Court of Appeal set aside a partial award issued in an ICC arbitration on the basis that an eulogy delivered by the presiding arbitrator (‘President’) to counsel in the arbitration gave rise to reasonable doubts as to the President’s independence and impartiality. Arbitration awards, setting aside