Duty of Disclosure and Challenge of Arbitrators: The Standard Applicable Under the New IBA Guidelines on Conflicts of Interest and the German Approach
Article from: TDM 2 (2006), in Context & Culture
Introduction
It is well established and reflected in most national laws as well as arbitration rules that an arbitrator must be independent and impartial while performing his duties.[1] Articles, textbooks and conference papers have attempted to draw a valid and workable distinction between these two concepts, identifying the differences and overlap between them. Closely linked to these basic requirements are the issues of conflict of interest of arbitrators, the duty of disclosure and challenges to arbitrators perceived to be biased, as these help to establish that an arbitrator is and ...