Partner Speaks to Law Times about Court Ruling Setting Aside Award

Aaron Rubinoff, Co-chair and Head of the firm’s International Arbitration Group, speaks to Law Times about a recent ruling by France’s Court of Cassation. The decision set aside an international arbitration award due to a conflict of interest on behalf of one of the arbitrators.

Rubinoff says the French decision has intensified an ongoing debate about the extent of arbitrators’ disclosure obligations, and he worries it could embolden “sore losers” looking for any means to attack a decision they don’t like.

“In most cases, there are no rights of appeal, and if there’s a serious conflict, it may be irresponsible not to take some time to explore your options related to the arbitrator and jurisdiction,” he says. “But it may be equally irresponsible to take every excuse to get out of a decision that you don’t like. That could end up undermining the whole system and reduce its viability as a tool in dispute resolution.”

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