1
Faculty member of the Department of Private Law, University of Tehran
2
Ph.D. Student in in Private, Law, faculty of law and political science, university of Tehran
10.22034/law.2025.65150.3440
Abstract
Disclosure and identification of factors affecting the arbitrator's impartiality and independence are essential to ensure fair proceedings and prevent the annulment of the arbitrator's award. The obligation to disclose refers to the announcement of factors affecting the conflict of interest, and the obligation to discover, as a preamble to the obligation to disclose, means researching and searching for the existence of factors affecting the conflict of interest. Although achieving this goal requires the cooperation of all participants in the arbitration process, a study of the laws and procedures indicates that the scope of the obligation of the arbitrator and the parties to the dispute in this regard is not the same. This study, to determine the scope of commitment of each participant in the arbitration, has reached the conclusion, using an analytical method and using the teachings of comparative study and especially French judicial precedent, that while the arbitrator, due to the commitment to independence and impartiality, is obliged to try to discover and disclose the factors affecting the conflict of interest in general at all stages of the arbitration, the parties are only obliged to investigate to identify these factors at the stage of appointing the arbitrators and the initial deadline for challenge. This obligation is limited to examining publicly available information.
Noori Youshanlooi, J. and ghasemi, S. (2025). The scope of the obligation of the arbitrator and the parties to disclose and discover cases of conflict of interest with emphasis on French case law. Jurisprudence and Islamic Law, (), -. doi: 10.22034/law.2025.65150.3440
MLA
Noori Youshanlooi, J. , and ghasemi, S. . "The scope of the obligation of the arbitrator and the parties to disclose and discover cases of conflict of interest with emphasis on French case law", Jurisprudence and Islamic Law, , , 2025, -. doi: 10.22034/law.2025.65150.3440
HARVARD
Noori Youshanlooi, J., ghasemi, S. (2025). 'The scope of the obligation of the arbitrator and the parties to disclose and discover cases of conflict of interest with emphasis on French case law', Jurisprudence and Islamic Law, (), pp. -. doi: 10.22034/law.2025.65150.3440
CHICAGO
J. Noori Youshanlooi and S. ghasemi, "The scope of the obligation of the arbitrator and the parties to disclose and discover cases of conflict of interest with emphasis on French case law," Jurisprudence and Islamic Law, (2025): -, doi: 10.22034/law.2025.65150.3440
VANCOUVER
Noori Youshanlooi, J., ghasemi, S. The scope of the obligation of the arbitrator and the parties to disclose and discover cases of conflict of interest with emphasis on French case law. Jurisprudence and Islamic Law, 2025; (): -. doi: 10.22034/law.2025.65150.3440
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