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Swiss Federal Court Dismisses Challenge to Arbitrator for Repeat Appointments (A & B v C) — 4A_575/2023, Bundesgericht (Schweiz) What are the practical implications of this case? The Swiss Federal Court has long been sceptical of attempts to demonstrate apparent bias by piecing together several circumstances, and this decision follows that approach. Procedural missteps that drew no timely objection are treated as irrevocably waived; parties cannot revive them later, not even as part of a broad, retrospective review of the arbitrator’s behaviour. As a result, allegations of bias that rest on a constellation of events or factors have become even harder to sustain. The judgment also considers repeat appointments. Under the 2024 IBA Guidelines on Conflicts of Interest in International Arbitration (‘BA Guidelines’), three or more appointments by the same counsel or law firm within the previous three years appear on the Orange List (section 3.2.8). Accordingly, repeat appointments may prompt doubts about an arbitrator’s independence and must be disclosed. Since the objection in this matter was...
Global Voice Group SA v Republic of Guinea No 22-2100, D DC, 2025 US Dist LEXIS 28564 Telecommunications contract In May 2009, Global Voice Group SA (GVG) concluded a partnership to furnish Guinea with tools to monitor and levy taxes on international telecommunications traffic. The agreement identified GVG and the Postal and Telecommunications Regulatory Authority of Guinea (PTRA) as the contracting parties and included an arbitration clause. A dispute followed concerning GVG’s claim for payment of US$103,171,862.66 said to be due under the contract. In December 2016, GVG commenced ICC arbitration in Paris against both PTRA and Guinea. On 18 July 2019, the tribunal awarded GVG in excess of US$21m in damages and fees. Guinea and PTRA challenged the award in the French courts, but in September 2021 the Paris Court of Appeal affirmed it. On 18 July 2022, GVG filed in the District Court to recognise and enforce the ICC award against PTRA and Guinea under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the...