O processo de impugnação do árbitro e o dever de revelação como mecanismos de controle quanto à imparcialidade e suspeição do julgador

Abstract

The study aimed to analyze the process of challenging arbitrators and the duty of disclosure as control mechanisms, assessing their effectiveness in ensuring the impartiality and neutrality of the arbitrator in the context of arbitration. Specifically, it sought to investigate the concept and practical application of the arbitrators' duty of disclosure and its importance in preventing conflicts of interest. It also examined the steps and procedures for challenging an arbitrator, identifying the criteria for suspicion and impartiality. It also evaluated whether the control mechanisms in Brazilian arbitration law were effective in protecting the parties' rights and maintaining the credibility of the process. The research used a bibliographic methodology, based on consultations of academic articles, books, doctrines, case law, and relevant legislation. The study concluded that both the duty of disclosure and the process of challenging arbitrators are crucial instruments to ensure fair and equitable judgments in arbitration, preserving confidence in the arbitral system. Case law reinforced the need for a rigorous and balanced application of these mechanisms, ensuring that arbitration remains a reliable alternative to the judiciary