Arbitrator – duty of disclosure

“Who is the referee”?

The answer is any capable person who has the confidence of the parties. It has a double character of service provider (contractual relationship – is remunerated) and of judgment (power of jurisdiction). The arbitrator has personal and professional relations with the parties and for this reason he has a duty to disclose some circumstance that may affect his judgment function. He has this duty to reveal by three aspects: moral; legal (article 17, I of the Arbitration Law) and contractual. Must follow IBA guidelines (2004).

The arbitrator must disclose your information in the appointment, but if you do not do so, at any time during the course of the procedure, you may do so. The arbitrator must declare himself independent, impartial and available. The effects of revealing some suspicion are: the refutation of the arbitrator with his possible resignation or decision of the president of destitution. If the arbitrator fails to disclose his disclosure obligation, and the information omitted is relevant, the judgment may be overruled (there may be civil liability of the arbitrator).

Lawyer Paula Feliz Thoms

Master of Laws