Brazil, Brazilian Arbitration Act, Impartiality, Independence, Independence and Impartiality, Latin America
Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators
Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “any circumstances likely to give rise to justifiable doubt as to their impartiality and independence”. Because the concept of “justifiable doubt” is subjective, Brazilian jurisprudence often features incohesive and contradictory understandings of the scope and effects of such duty vis-à-vis…