Recently, an international arbitration seated in Singapore has come under scrutiny after a whistleblower complained about the impartiality of an arbitrator.
The controversy arose from an arbitration which was administered by the Singapore International Arbitration Centre, involving a dispute between Kleros Capital Partners and Tata Power, where an award of around $490 million was granted based on a “loss of chance” theory.
The issue escalated after the reports suggested that one of the arbitrators, a British King’s Counsel, had connections to individuals involved in the dispute. It was alleged that certain documents and records were not disclosed during the proceedings, raising questions as to not complying with the obligations of disclosure.
The matter was brought to the attention of the UK’s Bar Standards Board, which then inquired SIAC about the same. The institution stated that it would examine the allegations over a formal complaint.
This case highlights the importance of independence as well as transparency in arbitration. It also states that a simple conflict of interest can impact the confidence parties have in arbitral institutions, especially when such high stakes are involved.
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