Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020

Lisbon Court of Appeal
Date: 29-09-2015
Case Nr. 827/15.9YRLSB-1
LINK DGSI

Headline:

Non-disclosure of relevant circumstances may lead to justifiable doubts against an arbitrators independence and impartiality.  

Summary:

  1. The arbitrator did not disclose at the time of his nomination or appointment: his previous participation in identical or similar arbitrations, as well as the opinion delivered or any other professional service related to the same subject. This non-disclosure was in violation of the duty of disclosure and this raised serious doubts about their independence and impartiality.
  2. It is not sufficient that there are reasonable doubts to an arbitrators’ independence and impartiality in the eyes of one party. The decision should have a high degree of objectivity, with the decision-maker acting as an impartial and reasonable third party, acquiring knowledge of the facts and surroundings relevant information
  3. The IBA Guidelines on the Conflicts of Interest in International Arbitration that were referred to note that the circumstance of an arbitrator earning a large part of his income from his arbitration practice does not fall in the Red or Orange lists.

 

This case summary was kindly prepared by Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail.com).

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