A team of the International Arbitration Group scores an important victory before the Paris Court of Appeal for our client J&P Avax.

In a decision rendered on 12 February 2009, the Paris Court of Appeal set aside an ICC arbitral award on the ground that the Chairman of the Arbitral Tribunal lacked independence due to the relationship between his law firm and one of the parties to the arbitration.

The Paris Court reaffirmed the importance of the bond of trust that must exist between an arbitrator and the parties, and the well-established principle under French law that an arbitrator must disclose, both prior to and during the course of the arbitration any circumstance that may affect his or her judgment or raise a reasonable doubt, in the mind of the parties, as to his or her independence and impartiality.

This decision confirms that transparency and full disclosure are paramount duties that the arbitrator must continue to observe from the time of their appointment and throughout the arbitration proceedings.

The Shearman & Sterling team included partners Fernando Mantilla-Serrano (Paris-International Arbitration) and Philippe Pinsolle (Paris-International Arbitration), as well as associate Thomas Voisin (Paris-International Arbitration)