September, 2024
The arbitrator’s failure to disclose a potential conflict of interests: consequences on the award and appropriate sanctions
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To read complete article visit Revista Brasileira de Arbitragem
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.
