AGG Litigation partner and co-chair of the American Bar Association (“ABA”) Section of Litigation’s Alternative Dispute Resolution Committee, Henry Chalmers, was quoted in a November 9, 2022, article published by the ABA’s Litigation News titled “Attorney Conflict Can Put Arbitration Award at Risk.”
A federal appellate court upheld a $40 million international arbitration award against a challenge by the losing party that side-switching by two of its attorneys during the proceedings tainted the award. While the challenge to the award was unsuccessful, Henry stated that the “case is a warning to parties and counsel to be vigilant and attentive to conflict issues throughout the entire arbitration process.”
“Most arbitral rules require parties to inform the arbitral body of any possibly conflicts that might arise during the course of the arbitration, and preliminary hearing and scheduling reports commonly reinforce that message,” added Henry. “Counsel can’t just provide their conflict checklists at the beginning of a case and then ignore [subsequent] events.”
To read the full article, ABA members may click here.