On 17 February, Maxim Kulkov took part in the Leading Arbitration Cases 2020: Different Perspectives joint ICC UK and ICC Russia roundtable event

KK&P Managing Partner Maxim Kulkov spoke in Session 1, which revolved around the high-profile case of Halliburton v. Chubb, related to the aftermath of the environmental disaster that occurred in 2010 when the BP Deepwater Horizon oil rig exploded resulting in an oil spill in the Gulf of Mexico, which gave rise to a series of disputes heard by arbitration and state courts.

The decision in this case raised a number of issues for lawyers, including whether an arbitrator is required to disclose information about his/her involvement in other arbitrations linked to the same issue or whether this would violate the principle of confidentiality.

Maxim argued that the confidentiality of the arbitration is paramount to the arbitrator but that, at the same time, the arbitrator may disclose a general description of the parallel dispute excluding strictly confidential information such as the names of the parties, etc.

According to Maxim, the above approach would not solve the whole problem but would at least minimise the chances of the arbitrator/award being challenged and protect the arbitrator’s reputation.

The speakers unanimously agreed that it is better to deal with issues of potential conflict at the beginning of the dispute than to face the consequences of the same at the end.

The lawyers believe that the judgment will not only set a precedent for international legal practice but also serve as the basis for the revision of the arbitration rules of the leading arbitration centres regarding the disclosure of information by arbitrators.

Maxim’s co-speakers on approaches to, and limits of, arbitrator disclosure in Russia and UK were Artem Doudko (partner, head of Russia & CIS disputes, UK, Osborne Clarke), Dmitry Dyakin (deputy chairman of the Commission on Arbitration, ICC Russia, and partner and head of international arbitration, Rybalkin, Gortsunyan & Partners), Roman Zykov (partner, Mansors), Greg Fullelove (partner, head of international arbitration, Osborne Clarke), Paula Hodges (head of the global arbitration practice, Herbert Smith Freehills).

Leading Arbitration Cases 2020: Different Perspectives was a roundtable event organised by ICC Russia and ICC UK – the world business organisation established in 1919 to resolve business development problems.

The event brought together representatives of the international arbitration community, practising lawyers, corporate lawyers, and academics.