Kluwer: When in Doubt, Disclose: Resolving an Arbitrator's Dilemma Under the 2026 ICC Rules of Arbitration

The newly introduced International Chamber of Commerce (“ICC”) 2026 Arbitration Rules (“2026 ICC Rules”, already discussed here) clear the air about 'whether to disclose' by imposing an unambiguous duty on arbitrators to disclose relationships or circumstances falling short of a conflict, overriding any subjective doubts held by the arbitrator. Article 12(2) gives an institutional backing to that principle, plugging the procedural gap which institutions have long circled about.

There has always been a grey zone in which an arbitrator, confronting a relationship or fact that falls short of an obvious conflict, retained some leeway to conclude, subjectively, that disclosure was unnecessary.