An Arbitrator’s Duty of Disclosure

The event will provide a platform for in-depth discussions and debates concerning the complex and evolving issue of arbitrator disclosure and disqualification.

One of the perpetual challenges in arbitration is the arbitrator's duty of disclosure and the potential grounds for disqualification due to reasonable apprehension of bias. Recent court cases have grappled with this issue, but the core principles underlying this debate remain unexplored. The central dilemma lies in harmonising the necessity of upholding the credibility of the arbitral process with safeguarding against unfounded attempts to disqualify arbitrators.

Key Discussion Points:

- Objective vs. Subjective Test: A fundamental question is whether the test for disclosure should be objective, subjective, or a blend of both. Should arbitrators disclose facts and circumstances based solely on their own perspective, or should they consider the viewpoint of a reasonable third party with knowledge of the case?

- Guidelines and Best Practices: The IBA guidelines, while comprehensive, leave room for interpretation. What guidance should arbitrators have to determine the extent of disclosure required in specific cases? How can we provide clearer directives for arbitrators?

- Case Law Analysis: Despite a plethora of cases, a clear and consistent answer to these questions remains elusive. How has the case law contributed to or complicated the discourse on arbitrator disclosure? What trends can we discern from recent judgments?

- Party-Centric Approach: Should the level of disclosure vary depending on the parties involved? How can we tailor disclosure requirements to the specific circumstances and expectations of the parties?