Arbitrator independence and disclosures

At a glance

Read the disclosure and identify the actual relationship or circumstance of concern. A challenge and statutory ineligibility can raise different legal questions.

Law and context

Section 12 of the Arbitration Act and the relevant Schedules address disclosure, challenge grounds and eligibility within their framework. Timing, waiver and the proper process require current legal assessment.

Practical next step

Preserve the disclosure, appointment record and genuine evidence of the relevant relationship. Raise a concern through counsel promptly rather than waiting for an unfavourable outcome.

Important qualifications

This page does not decide bias or ineligibility or authorise unsupported public allegations about an arbitrator.

Document checklist

• Disclosure
• Appointment documents
• Genuine relationship evidence
• Date and objection record

Sources

• The Arbitration and Conciliation Act, 1996 — 12-15
• The Arbitration and Conciliation Act, 1996 — FifthSchedule,SeventhSchedule

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.