International Arbitration Update No. 7 Arbitrators’ duty to disclose information relevant to their independence and impartiality: avoiding the pitfalls

Last June, the Osaka High Court handed down a judgment setting aside an arbitral award, only the second occasion on which Japanese Courts have done so.
Arbitrators are required to be independent from both parties and impartial, and to that end, many countries’ international arbitration legislation and institutional arbitration rules require arbitrators (and, prior to their appointment, arbitrator candidates) to disclose any information to the parties and the arbitral institution that might give rise to doubts as to their independence and impartiality as and when they become aware of it.