Legal Consequences of the Arbitrator's Failure to Disclose

Abstract

The arbitrator is considered the main focus in managing the arbitral process from the moment he/she accepts the task, until the issuance of the decision that ends the dispute, as it's not possible an arbitration litigation held without an arbitrator, and to the extent of the arbitrator’s competence, and his knowledge of the essence of his profession and its requirements, the integrity of the arbitration, the arbitrator does not differ from the judge in the principle of investigation Justice and arbitration procedures in accordance with a legal system agreed upon by the two parties to the arbitration with the aim of achieving justice and redress for the parties to the dispute, and that the arbitrator’s mission is a judicial one, he must enjoy integrity and impartiality. Which would raise serious doubts about his impartiality and independence, as they are pivotal elements in any system of justice.

Disclosure of the arbitrator is the main mechanism aimed at ensuring the independence and impartiality of the arbitrator. If the arbitrator implements this obligation; After that, the matter is left to the discretion of the two parties to the arbitration, as one of them may object to the impact of the circumstances mentioned by the arbitrator on his impartiality and independence from his point of view, and an objection may occur from either of the two parties to the dispute, and ask the arbitrator to relinquish his mission, otherwise he submits a request for his dismissal. And, if the arbitrator does not fulfill his obligation, here the legislator has informed the parties to the arbitration dispute with important guarantees that preserve their rights by requesting the arbitrator’s dismissal, excluding him from the dispute and adjudicating it