Lisbon Court of Appeal
Case Nr. 827/15.9YRLSB-1
Non-disclosure of relevant circumstances may lead to justifiable doubts against an arbitrators independence and impartiality.
- 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.
- 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
- 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 (firstname.lastname@example.org, NALSAR University of Law), Rishabh Raheja, (email@example.com, NALSAR University of Law), and Abhishek Babbar (firstname.lastname@example.org).