Originally from the Leading Arbitrators' Guide to International Arbitration - Fourth Edition

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I.  NOTION OF CONFLICT OF INTERESTS

Conflict of interests is a concept which is traditionally used in respect of a professional who has links also with another party, which creates, or may create on him/her a duty to or an interest with another party. Such conflicts may arise for judges and arbitrators. As to them, the conflict would be between their duty to decide impartially and situations which reduce or may reduce such impartiality.

II. SITUATIONS WHERE SOME PARTIALITY EXISTS OR MAY EXIST

Traditional situations which may give rise to such conflict, and which will be examined hereafter, are dependence, partiality and lack of neutrality.

III.  AN INDEPENDENT MIND

The French Court of Cassation’s statement in Ury  describing independence still stands after various decades “an independent mind is indispensable in the exercise of judicial power.