Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Recent Developments In Arbitrator Disclosure Law And Practice

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Two developments during 2007 in the law and practice of arbitrator disclosure show that the rules remain far from settled. In the United States, the Federal Arbitration Act (FAA) provides that an arbitral award may be vacated "where there was evident partiality or corruption" of an arbitrator. The Positive Software case involved a former co-counsel relationship with a sole arbitrator's prior law firm more than ten years previously. Article V(2)(b) of the New York Convention permits a refusal to enforce if doing so would violate the public policy of the enforcing state. Case law and the New York Convention are not the only texts relevant to arbitrator disclosure. The Chartered Institute Guideline is devoted largely to the mechanics of what counsel and arbitrators should not say and do; but it also addresses the process of dialogue by which arbitrator disclosures can be made.

Keywords:arbitrator disclosure; case law; Chartered Institute Guideline; Federal Arbitration Act (FAA); New York Convention; Positive Software case; United States



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2007) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation