ABSTRACT: This article addresses the importance of the arbitrator duty of disclosure related to issues which could affect his or her independence and impartiality. It studies the concept of confidence as criteria to be appointed arbitrator. The arbitrator has to pay attention to ethical rules and his/her duties as arbitrator. This legal duty has inside a strong ethical component which sustains the arbitrator activity. The transparency - as an arbitrator duty - derives from the concept of confidence. Thus, lacking of disclosure of important and widely known fact or circumstance can affect the parties' confidence. The lacking of disclosure could be considered a lacking of the due process of law and defense, because if the part had known this fact, he would have challenged the arbitrator. This article stresses about correct and reasonable handling of this subject and avoid misunderstanding. This article refers to IBA Rules, Ethical Codes and comment issues of international and domestic case law.
Revista Brasileira de Arbitragem