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’.