Advanced waiver agreements in arbitrations

By Alexander Gay (September 4, 2024, 2:41 PM EDT) -- Coming to an agreement on the choice of arbitrator in international arbitration is not always easy. Conflicts abound that pose legal risks to the parties, including the eventual challenge of an award or a possible challenge to its enforcement under the New York Convention. Thus, parties will often turn to advance waiver agreements to cover any possible legal risk stemming from any pre-existing relationship or involvement in a subject matter arbitration that may give rise to a possible conflict of interest. However, while part autonomy rules in arbitration, the parties must respect the standards of impartiality and independence found in the enabling legislation, the institutional rules and the soft law instruments....