Arbitrator Disclosure

Interested parties should not rely on this website as a complete or updated source of disclosure information about David Brynmor Thomas KC.

Enquiries in confidence about David Brynmor Thomas KC’s availability and willingness to act in any matter may initially be made on a no names basis or simply identifying a party or parties to an arbitration, save that the person making such a confidential enquiry may not remain anonymous.  Thereafter, any enquiry should identify, before any nomination or appointment is finally made, all information available at that time to allow a thorough conflict check to be undertaken, including but not limited to: (1) parties, interested persons or entities; (2) law firms, individual lawyers, barristers’ chambers and barristers (together “counsel”); (3) expert witnesses; and (4) third party funders (TPF) or other sources of litigation or arbitration finance.  David Brynmor Thomas KC requests that such information be updated throughout the duration of any arbitration as soon as any new information is available, in particular where it relates to new, additional or replacement counsel.  All disclosures made by David Brynmor Thomas KC are in accordance with the IBA Guidelines on Conflicts of Interest (“IBA Guidelines”) available at the time of appointment. By appointing David Brynmor Thomas KC, it is agreed that the IBA Guidelines are sufficient in their robust nature and that he will not be required to provide additional disclosures relating to information which falls outside their scope unless determined as necessary by the constituting institution.

Should any party wish to speak to or interview David Brynmor Thomas KC prior to nomination he is happy to do so, if permitted by the relevant arbitration agreement and applicable law(s), in accordance with the Chartered Institute of Arbitrators’ International Arbitration Practice Guideline “Interviews for Prospective Arbitrators”.

David Brynmor Thomas KC does not have access to the database of, or information about, either his prior law firm or his prior barristers’ chambers.  David Brynmor Thomas KC does not have access to any information about the practices of other individuals who employ Newmans Row for practice management services.  Such individuals are independent professionals who operate entirely separately from one another; are not under any obligation to share or refer work to one another; and do not share fees or profits.

In addition, David Brynmor Thomas KC is a member of numerous organisations and attends many conferences and events; he does not maintain records of fellow members, speakers or participants, nor does he monitor contact lists on LinkedIn and similar sites.  David Brynmor Thomas KC does not maintain records of faculty members or students he taught at Queen Mary University of London or elsewhere.  Tangential connections based on such contexts should not ipso facto be considered to be relationships that might affect impartiality or independence in the eyes of a reasonable third party. (General Standard 2, International Bar Association Guidelines for Conflicts of Interest in Commercial Arbitration (2014)).

David Brynmor Thomas KC requests any party in an arbitration for which he is proposed or appointed as arbitrator to disclose promptly any facts or circumstances which may be considered relevant to his impartiality or independence as soon as that information is reasonably available and, for that purpose, to undertake a reasonable continuing search of publicly available information promptly after learning of his prospective appointment as arbitrator.