Arbitrator Disclosure Standards in a State of Flux - Part 1 - Chapter 3 - ICDR Awards and Commentaries
Juan M. Alcalá is a Partner and head of the International Disputes Practice at Gardere Wynne. His practice concentrates on handling highstakes transnational disputes, including disputes with parallel proceedings pending before Latin American courts, arbitral tribunals and United States state and federal courts. As an author and speaker, Mr. Alcalá focuses on issues related to international litigation and arbitration. Mr. Alcalá also serves on the Advisory Board for the University of Texas' Center for Global Energy, International Arbitration and Environmental Law. He is a graduate of Yale University and the University of Texas School of Law.
Camilo Cardozo is a Partner in the New York office of DLA Piper. Mr. Cardozo focuses his practice on sophisticated international arbitration and litigation, particularly international disputes involving Latin American parties. He has significant experience in matters concerning international trade, financial transactions, investment disputes, construction disputes, commodities, insurance and shipping. Mr. Cardozo has handled international arbitration matters under the various international arbitration rules, including the AAA/ICDR, ICC, LCIA, ICSID and UNCITRAL, as well as SMA, and in a variety of forums, including those located in the US, the UK, Mexico, Spain, Chile and Colombia.
Claudia T. Salomon is a Partner in the New York office of DLA Piper and co-chair of the firm’s International Arbitration practice. She is a leading practitioner in significant investor treaty arbitration and international commercial arbitration cases under the AAA/ICDR, ICC, ICSID, LCIA, Stockholm, UNCITRAL and Vienna rules, around the world, under a wide variety of governing laws. The Global Arbitration Review has named Ms. Salomon one of the world's top 30 women in international arbitration and one of its "45 under 45" in international arbitration. Chambers USA: America's Leading Lawyers for Business has repeatedly cited her, noting that clients describe her as "a fantastic lawyer who is a key driving force behind the firm's growth in international arbitration" and say "she is excellent in terms of both obtaining results and her levels of client service." Ms. Salomon is recognized in The Best Lawyers in America for commercial international arbitration and the International Who's Who of Commercial Arbitration.
Originally from ICDR Awards and Commentaries
In the Fall of 2008, we published an article concerning the varying disclosure standards applicable to arbitrators involved in international arbitrations. There, we made the point that, although the principles that inform an arbitrator’s disclosure duties are the same (i.e., independence and impartiality) the applicable “standards for disclosure… are not identical,” and this “creates uncertainty about the standards arbitrators and parties should apply, for example, when arbitrators need to decide what should be disclosed and when parties need to decide whether to challenge the appointment of an arbitrator, or to seek to vacate an adverse award based on an arbitrator’s failure to disclose.”
Over the last two years, there have been several developments regarding the topic. The UNCITRAL Rules were revised, and these revisions impacted an arbitrator’s disclosure duties. The ICC issued a new Statement of Acceptance, Availability and Independence, which broadened the nature and amount of information prospective arbitrators must disclose. And various international tribunals and local courts have issued important decisions that seek to provide additional guidance regarding this fundamental topic. We summarize these developments below.
I Revisions to the UNCITRAL Rules
II The ICC's Revised Statement of Acceptance, Availability, and Independence
III Recent Decisions regarding Disclosure Duties
A International Tribunal Decisions
B International Case Law
C US Case Law