PCIA Guidance on Arbitrator Disclosure: Fostering Transparency and Impartiality

The Paris Court of International Arbitration (PCIA) is committed to upholding the highest standards of transparency and impartiality in all arbitral proceedings. In furtherance of this commitment, and drawing upon established best practices in international arbitration, we provide the following guidance concerning arbitrator disclosure obligations. This framework is designed to assist arbitrators in navigating their duty to reveal circumstances that might reasonably give rise to questions regarding their independence or neutrality, thereby reinforcing confidence in the integrity of the arbitration process.

Purpose and Scope of PCIA's Disclosure Principles


The PCIA's disclosure principles aim to facilitate a robust and comprehensive disclosure process by arbitrators, ensuring alignment with applicable legal and ethical standards. Unlike certain prescriptive frameworks that categorize potential conflicts, our approach does not seek to define what constitutes a disqualifying conflict or to determine whether a breach of disclosure duty has occurred. Instead, these principles are crafted to empower arbitrators with a structured yet adaptable methodology for proactive and thoughtful disclosure, thereby enhancing party trust and procedural fairness within PCIA arbitrations.

These principles are applicable across the spectrum of arbitration proceedings administered by the PCIA, encompassing both domestic and international, as well as commercial and investment disputes. They are intended to augment, rather than supersede, existing ethical codes and the disclosure requirements stipulated by relevant institutional rules.

Core Principles for Arbitrator Disclosure

The PCIA advocates for a set of fundamental principles that arbitrators should conscientiously apply when assessing their disclosure responsibilities:

  1. Materiality of Facts: Arbitrators are expected to disclose all facts and circumstances that could objectively be perceived as relevant to an assessment of their impartiality or independence.
  2. Prospective Consideration: Disclosure should extend beyond existing and historical relationships to encompass potential future circumstances that parties might reasonably deem pertinent to the arbitrator's independence.
  3. Contextual Evaluation: The significance of any fact must be evaluated within its specific context, including the scale, recency, and precise nature of the relationship or interest in question.
  4. Standardized Application: Arbitrators should consistently apply these disclosure standards when evaluating analogous situations across diverse cases, ensuring equitable treatment.
  5. Timely Updates: Arbitrators bear a continuous obligation to update their disclosures promptly should any new, material facts emerge during the course of the arbitration proceedings.
  6. Clarity and Thoroughness: Disclosures must be presented with utmost clarity and completeness, providing sufficient contextual detail to enable parties to make well-informed decisions regarding potential objections.

Differentiating Approaches: PCIA's Principles Versus Other Guidelines

The PCIA's disclosure principles are distinct in their philosophical underpinning and practical application from other notable guidelines, such as the IBA Guidelines on Conflicts of Interest in International Arbitration. While the IBA Guidelines offer a categorized framework for conflict scenarios, the PCIA's principles are rooted in a process-oriented approach, emphasizing the reasoning and methodology behind disclosure.

Where other guidelines may prioritize uniformity and predictability through specific categorizations, the PCIA's principles empower arbitrators with a flexible yet structured approach that acknowledges the inherent nuances and specific contexts of each case. Crucially, the PCIA's principles do not attempt to delineate what constitutes a disqualifying conflict; rather, their purpose is to champion proactive, considered disclosure practices that cultivate party confidence and procedural equity.

Collectively, the PCIA's principles and other international guidelines serve as complementary instruments for arbitrators and practitioners dedicated to fostering integrity and transparency in arbitral proceedings.