Duty to Disclose

15 articles available

In Decision 4A_520/2021 of 4 March 2022, the Swiss Federal Tribunal (“SFT”) was requested to determine whether the chairperson of a panel in proceedings before the Court of Arbitration for Sport (…

Corruption, annulment of arbitral awards and court intervention mark the main developments for 2020 in Latin America.  Our contributors this year reported on the most important judicial decisions and…

On 11 August 2020, the Court of Appeals of the state of São Paulo, Brazil, annulled an arbitral award  on the grounds that the chair of the arbitral tribunal had failed to timely disclose his…

The Costa Rican court in charge of deciding upon arbitral matters recently set aside an award on the ground of the arbitrator’s failure to disclose a circumstance that could be found in the case file…

In June 2019, the Spanish Arbitration Club ("CEA") launched a new Code of Best Practices in Arbitration (the “Code”). This post briefly describes the scope of the Code and provides insights on the…

The arbitrator's duty of disclosure is often subject to misunderstandings, particularly in regards to its content and scope, as well as its relationship with the independence and impartiality of the…