Haynes Boone

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Conflicts of interest in international arbitration: challenges to appointments, disclosure obligations, repeat appointments, dual roles and professional links with counsel and experts
PRACTICE NOTES
Conflicts of interest in international arbitration: challenges to appointments, disclosure obligations, repeat appointments, dual roles and professional links with counsel and experts
This Practice Note examines conflict of interest objections to arbitral appointments in international arbitration proceedings. It should be read alongside Practice Note: Conflicts of interest in arbitration—applicable principles. What are the main types of conflict of interest that pose a challenge in arbitration proceedings? Advocates and arbitrators from the same barristers’ chambers or law firm It is relatively common for advocates and arbitrators affiliated with the same barristers’ chambers and/or law firms to appear in a single matter, which can prompt a conflict of interest challenge. The International Bar Association Guidelines on Conflicts of Interest in International Arbitration (the IBA Guidelines, 2024 para 3.) include an ‘Orange List’ addressing the ‘Relationship between an arbitrator and another arbitrator or Counsel'. Orange List items must be disclosed to the parties, as they may give rise to justifiable doubts about an arbitrator’s impartiality and independence; however, they do not, of
Arbitration
Oil and gas exploration farm-outs: consideration, Drill to Earn, PSC/JOA consents and assignment, default/reassignment, warranties and pre-completion undertakings, governing law, model forms
PRACTICE NOTES
Oil and gas exploration farm-outs: consideration, Drill to Earn, PSC/JOA consents and assignment, default/reassignment, warranties and pre-completion undertakings, governing law, model forms
Scope A farm-out is essentially a structure through which the holder of a participating interest in specified oil and gas assets (the Farmor) agrees to transfer a portion of that participating interest (the Assigned Interest) under a production sharing contract (the PSC) — or other host government arrangement conferring rights to hydrocarbons — to a third party (the Farmee). Unlike a conventional sale for cash alone, consideration in a farm-out typically combines a cash element with the Farmee’s commitment to satisfy defined work programme obligations. By farming out, the Farmor can introduce a partner to recover sunk costs, share ongoing funding requirements, bring in technical expertise and capacity that might otherwise be unavailable, and spread risk while participating in any potential upside from an exploration asset. A farm-out agreement (the FOA) mirrors many features of a standard sale and purchase agreement, including
Energy
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