APPOINTMENT OF THE ARBITRATOR AND THE DUTY OF DISCLOSURE
Keywords:Appointment, Arbitrator, Duty of Disclosure
The question may be asked as to who is an arbitrator and who has the right to appoint him? The qualifications of the arbitrator may be important as the parties have the right to specify the qualifications which the arbitrator must possess but of paramount importance is the issue of disclosure as an arbitrator must not be bias and must not have interest in the subject matter and the parties. This leads to the issue of the extent of disclosure which the arbitrator is under a duty to make and the consequences of failure. Generally, the law requires that a prospective arbitrator must disclose any fact which may affect his impartiality and independence to undertake the duties of his office. The requirement of what should be disclosed and its limit vary from legislation to another. The procedure for challenge for non-disclosure and the requirement of proof also vary from one jurisdiction to another. Of paramount importance and consideration is the fact that in some legislation, the requirement and limit of disclosure required in domestic arbitration is the same as in international arbitration as probably no provision is made for disclosure for international arbitration in some jurisdictions. It is to address the issue of duty of disclosure, limit of what should be disclosed, the consequences of breach of duty of disclosure and whether the requirements of domestic and international arbitration on the issue are the same that necessitated our embarking on this mission.