AS TO APPOINTMENT OF MEMBERS AS ARBITRATORS
The following policy is intended to act as a guide for any party who may be considering engaging a barrister at Quayside Chambers to act as arbitrator in an international or domestic arbitration, including in the circumstance where one of the parties is represented by another member of these chambers.
As a general proposition, there is no objection to a barrister acting as an arbitrator in an arbitration, simply because one of the parties is represented by a barrister from the same set of chambers.
Quayside Chambers is a set of barristers’ chambers. Each barrister is self-employed and operates independently.
There is no sharing of income between barristers at Quayside Chambers, although some expenses are shared, in the same way that expenses are shared in a traditional set of chambers.
No conflict of interest and duty ought arise merely by reason of the fact that an arbitrator and counsel representing one of the parties in an arbitration are both members of Quayside Chambers.
Matters are kept confidential as between barristers at Quayside Chambers. There are barriers in place to keep communications, including email communications separate and inaccessible to any person other than the intended recipient.
Correspondence is not shared. Arrangements are in place to ensure that communications including by email destined for one member cannot be seen by, or come into the hands of, the other member.
Where necessary, additional arrangements will be made for the storage, receipt, and return of papers, with those arrangements being kept up to date to reflect best practice.
Counsel at Quayside Chambers are familiar with and will observe, as applicable and appropriate, the IBA Guidelines on the Conflicts of Interest in International Arbitration, including the requirements in relation to proper and timely disclosure.
If a barrister of Quayside Chambers is approached to act as counsel in circumstances where another member of the chambers is appointed as arbitrator, that barrister will advise the solicitor and prospective client, as appropriate, to ensure the potential client is made aware of, inter alia, the possibility for a challenge to the arbitrator or to the continued involvement of the barrister who it is sought to instruct. The nature and content of that advice will depend on the specific circumstances.
No member of Quayside Chambers will accept an appointment as arbitrator if:
he or she has any doubts about his or her ability to be impartial and independent; or
any circumstance exists which, from the point of view of a reasonable third person having knowledge of the relevant facts and circumstances, would give rise to justifiable doubts as to the arbitrator’s impartiality or independence.