Non-Discretionary Arbitrator Disclosure Obligations in International Commercial Arbitration: A Path Forward?

International Arbitration Law Review has published the article “Non-Discretionary Arbitrator Disclosure Obligations in International Commercial Arbitration: A Path Forward?” written by Akin Gump international arbitration and dispute resolution partner Hamish Lal and counsel Brendan Casey.

According to the authors, significant and deliberate reform is needed for arbitrators’ disclosure system as it pertains to conflicts of interest in international commercial arbitration. They added, “The need for amelioration is evidenced by increasing calls within the system for clarity as to the scope of arbitrator disclosure at the beginning of arbitrations and confirmed by an increase in collateral challenges to final awards on the basis of improper arbitrator disclosure.”

The authors suggest developing and implementing a “multi-institutional Code of Conduct building on the work already completed by the UNCITRAL Working Group III and the International Center for the Settlement of Investment Disputes.”

To read the full article, click here.