Tag Archives: disclosure

Obligation of disclosure and notorious fact: when the Court of Appeal recalls the extent of this obligation

On 27 March 2018, the Paris Court of Appeal ruled once again on the extent of the arbitrator’s obligation to disclose and notorious fact, underlining that a party ‘was not required to continue its research after the arbitration operations had begun and it was incumbent on the arbitrator to inform the parties of any circumstance […]

The Tecnimont Saga continues

On 12 April 2016, the Paris Court of Appeal rendered a 5th decision in the “Tecnimont” case, dismissing the application by the company J&P Avax (“Avax”) to set aside a partial award rendered on 10 December 2007 on the basis that the Arbitral Tribunal was not properly  constituted . As a reminder, this case involves […]

French Cour de cassation: Arbitrators’ duty to disclose / parties’ duty to investigate

On 16 December 2015, the French Supreme Court (“Cour de cassation”) confirmed that an arbitrator had breached his duty of disclosure by not revealing an operation that was manifestly of importance to his law firm. This firm had been advising Leucadia corporation (“Leucadia”), the parent company of Caribbean Fiber Holding (“CFH”), which was co-defendant with […]

ICC Court releases a new guidance note on conflict disclosure

On 12 February 2016, ICC International Court of Arbitration adopted a new Guidance Note for the disclosure of conflicts by arbitrators. This Note has been incorporated in the pre-existing ICC Note to arbitrators and to parties, to answer the current need in arbitration procedures for greater transparency and diversity as to arbitrators, notably their independence […]

ICC International Court of Arbitration continues efforts to enhance transparency and efficiency of arbitration proceedings

At its session of 17 December 2015, the Bureau of the ICC International Court of Arbitration adopted two landmark measures, thus continuing its accrued efforts towards greater transparency and efficiency of ICC arbitration: 1. The publication on the ICC website of the composition of the arbitral tribunals: When determining which elements were to be published, […]

Report of the round-table “Wake up (with) Arbitration!” of 7 October 2015: “Disclosure: should arbitrators lay themselves bare?”

As we had announced, Caroline Duclercq has hosted, along with Valence Borgia and Maria Beatriz Burghetto, a rountable “Wake up (with) Arbitration!” on 7 October 2015, on the topic “Disclosure: should arbitrators lay themselves bare?”. The report is now available here. The next round-table will be held on 2 December 2015, on the topic “Order / award: speed at […]

French Supreme Court: Scope of the Parties’ Investigation Duty In Case of Notable Facts and Lists of Arbitrators

In a judgment dated 18 December 2014, the French Supreme Court (“Cour de cassation”) ruled the issue of the irregularity of the arbitral tribunal’s constitution due to the existence of notable facts concerning tight professional links between an arbitrator and a counsel, omitted in the independence declaration of the arbitrator, and the existence of an […]