O dever de revelação do árbitro: um estudo comparado das jurisdições brasileira, inglesa e francesa

Abstract

The purpose of this paper is to investigate the nature, function and limits of the duty of disclosure in arbitration, as well as the possible consequences attributed to its violation. The relevance of the subject lies in the crisis of legitimacy in arbitration, both nationally and internationally, due to the intensity of relations between professionals of the arbitral community and repeated appointments, which generate doubts about the impartiality of arbitrators. Thus, the study was conducted through a bibliographic and case law review in the field of international commercial arbitration, focusing on the Brazilian, English and French jurisdictions and the predominant arbitration chambers in those jurisdictions, the Arbitration and Mediation Center Brazil-Canada, the International Court of Arbitration of the International Chamber of Commerce, and the International Court of Arbitration of London. In this sense, the work develops (i) what is the nature of the duty to disclose and how it relates to the status of investiture of the arbitrator, (ii) what are the parameters to delimit and extent of the duty to disclose, (iii) what are the possible consequences of the breach of the duty to disclose and which ones relate to the breach of the duty itself, and (iv) how courts have being dealing with the lack of disclosure. Thus, the paper intends to answer which issues guide the exercise of the duty of disclosure and what would be the appropriate remedy to non-disclosure in order to ensure the effectiveness of the duty, supporting the legitimacy of arbitration and legal certainty