Consequences of violating arbitrator´s disclosure obligation

Dispute Resolution / Litigation & Arbitration

Dr. Nikolaus Pitkowitz, ILO Newsletter vom 19. Februar 2015

The Supreme Court recently considered, for the first time, the consequences of an arbitrator´s failure to disclose circumstances that may give rise to doubts as to his or her impartiality and independence. In its decision, the court relied on both objective and subjective criteria - in particular, the weight of the non-disclosed fact and whether the non-disclosure was motivated by the arbitrator´s desire to avoid a challenge.


Dr. Nikolaus Pitkowitz

M.B.L.-HSG Partner