Tata challenged the appointment of 2 of the arbitrators before the Singapore International Commercial Court (“SICC”) relying on non-disclosure by them of their connections to Kleros’s third-party funder, Omni Bridgeway. The SICC dismissed the challenge holding that the non-disclosure did not give rise to apparent bias. The decision is significant, firstly because it addresses how apparent-bias analysis applies where arbitrators have other appointments in funded arbitrations, and secondly because it rejects the proposition that a funder is automatically to be treated as the funded party for disclosure purposes.
Please find the full update attached.