When Size Matters: Jurisprudence from Norway on Conflicts of Interest

This article examines the Supreme Court of Norway’s (Court) judgment in case HR-2025-921-A, which addresses the independence and impartiality of arbitrators. The case concerned an application to set aside an arbitral award based on the alleged incorrect composition of the arbitral tribunal in an ad hoc arbitration. The judgment considers inter alia the threshold for disqualification of arbitrators v. court judges, the threshold to disqualify a lawyer from acting as an arbitrator because of their law firm’s client relationship with a party to the case, and the arbitrator’s duty of disclosure. The judgment is significant for international arbitration practitioners due to its detailed consideration of the 2024 International Bar Association (IBA) Guidelines on Conflicts of Interest in International Arbitration. The Court ultimately found that the arbitrator’s law firm’s client relationship with one of the parties to the arbitration did not give rise to justifiable doubts about the arbitrator’s impartiality and independence, despite a breach of the duty to disclose. The case highlights the importance of making a specific assessment of the nature, scope, and duration of client relationships in assessing arbitrator impartiality, and builds upon the general rule ‘if in doubt, disclose’, to add ‘and ensure the parties are aware of the disclosure’.