Originally from Soft Law in International Arbitration, Second Edition

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The ICC International Court of Arbitration has adopted a Guidance Note for the disclosure of conflicts by arbitrators. The Note was adopted unanimously by the Bureau of the Court on 12February 2016.

The President of the Court, Alexis Mourre, says that it “aims at ensuring that arbitrators are forthcoming and transparent in their disclosure of potential conflicts”.

The Note – which is incorporated in the ICC Note to arbitrators and to parties – rests on the fundamental principle that parties to an arbitration have a legitimate interest in being fully informed of all facts or circumstances that may be relevant in their view in order to be satisfied that a prospective arbitrator or arbitrator is and remains independent and impartial or, if they so wish, to explore the matter further and/or take the possible courses of action contemplated by the ICC Rules.

The Note also makes it clear that a disclosure does not imply the existence of a conflict, and that, in the event of an objection or a challenge, it is for the Court to assess whether there is cause for disqualification.