FACTS THAT SHALL BE DISCLOSED BY THE ARBITRATORS

Abstract

          According to the general principle of arbitral proceedings, the arbitrators shall perform their duties with impartiality and independence. To ensure the impartiality and independence of arbitrators, most of the arbitration law and arbitration rules (of the well-known arbitration institutes) state that the arbitrators must disclose any facts or circumstances that probably undermine the arbitration or lead to prejudice.

          This duty is outlined in the Thailand Arbitration Act BE.2545 (2002) Article 19 which provides that the duty of disclosure is commencing at the time of their appointment and throughout the arbitral proceedings. Notwithstanding the concepts of “impartiality” and “independence” are intangible and the court possesses its rights to exercise discretion base on a case by case.

          To set up the standard and strengthen the arbitral proceedings in Thailand. This article mainly focuses on what ground/fact or circumstance that the arbitrator obliges to disclose and what extent shall be deemed as impartial and /or independent. This paper is to study precedent of the Thai Supreme Court, legal documents of reputable organizations and other relevant information such as legal opinion from both academic and practitioners in this field.