Section 2 Impartiality: duty of disclosureI1I2

The Arbitration Act 1996 is amended as follows.

After section 23 insert—

Impartiality: duty of disclosure

23A

(1)

An individual who has been approached by a person in connection with the individual’s possible appointment as an arbitrator must, as soon as reasonably practical, disclose to the person any relevant circumstances of which the individual is, or becomes, aware.

(2)

An arbitrator must, as soon as reasonably practical, disclose to the parties to the arbitral proceedings any relevant circumstances of which the arbitrator is, or becomes, aware.

(3)

For the purposes of this section—

(a)

“relevant circumstances”, in relation to an individual, are circumstances that might reasonably give rise to justifiable doubts as to the individual’s impartiality in relation to the proceedings, or potential proceedings, concerned, and

(b)

an individual is to be treated as being aware of circumstances of which the individual ought reasonably to be aware.

In Schedule 1 (mandatory provisions), after the entry for section 13, insert—

• section 23A (impartiality: duty of disclosure);