Japanese Court Deals With Issues Relating To Arbitrator’s Duty To Disclose

Japanese Supreme Court deals with issues relating to an arbitrator’s duty to disclose

Herbert Smith Freehills review a December 2017 decision from the Japanese Supreme Court (Case No. Heisei 28 (Kyo) 43), where an issue in the case was an arbitrators ongoing obligation to disclose circumstances which may give rise to justifiable doubts as to their impartiality or independence under Article 18(4) of the Japan Arbitration Act. As the authors note, the Japanese Supreme Court confirmed that this disclosure obligation will only be breached where an arbitrator is aware of such circumstances but fails to disclose them, or could have learned of such circumstances through a reasonable investigation but did not. … READ MORE

See also the review by Baker McKenzie

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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