Extrait de l’article :
Alexandre Malan: « Transparency has already and will continue to have a strong impact on arbitration on various grounds. In France, Courts are still continuing their efforts to model the conditions of the control they are willing to impose on independence and impartiality of arbitrators, which leads them to impose an obligation of disclosure.
This trend is not new, but they are now finding a good equilibrium between the interests of fairness and reliability of arbitration, on one side, and the need for a flexible approach which is necessary in the conduct of arbitrations.
At the same time, they try to find the right tools to avoid that this question be used by parties as a weapon against arbitration process. The arbitrators have duties, but the parties are also requested to act in a pro-active way to unveil any con- flict of interest which is easy to find out (on the web for instance), even if the arbitrators have not disclosed them, and to so without delay…. »
Télécharger l’article : International Arbitration Experts Discuss Shifts In Transparency