September, 2024
The arbitrator’s failure to disclose a potential conflict of interests: consequences on the award and appropriate sanctions
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The duty of disclosure is paramount to guarantee the independence and impartiality of the arbitral tribunal. However, there are debates as to whether non-disclosure per se can evidence bias of the arbitrators and, consequently, invalidate the award. The purposes of this paper are: to analyze whether the validity of an arbitral award rendered by an arbitrator who fails to comply with their duty to disclose a possible conflict of interest is in any way affected; and (ii) to investigate possible sanctions for arbitrators who fail to comply with their duty to disclose.
