The Arbitrator's duty to disclose conflicts of interest in domestic arbitration and international commercial arbitration An original, applied and comparative study (France, Switzerland, Belgium, England, America, Egypt as a model)

Document Type : Original Article

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Faculty of Law - Sadat City University

Abstract

we concluded that the conflict of interests is a state of direct and current conflict in the person of the arbitrator between his personal interest and the interest of the third party charged with protecting it, represented in the proper conduct of arbitral justice, which makes him prevail over his first interest at the expense of the second. We also concluded that most of the comparative legal or institutional legislations endorse an obligation on the arbitrator to disclose everything that would create this conflict in order to purify it from everything that could affect the future of the arbitral award. We also discussed in the second chapter the forms and manifestations of this obligation; whether it relates to the parties to the arbitration; such as a financial or non-financial conflict of interest, or was related to the subject matter of the arbitration dispute; As an idea "Issu Conflict" the widely spread at the level of ICSID arbitration. In Chapter Three, we dealt with the consequences of breaching this obligation. In the third chapter, we dealt with the consequences of violating this obligation. We concluded that there are preventive sanctions that prevent the continuation of conflict of interest, and remedial remedy cases of violation of this obligation if the conflict persists until the arbitral award is issued and is not discoveredonly at the stage  of the award In the conclusion, we dealt with the most important findings of the study and the proposed recommendations. 

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