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ARTICLE · 08 MARCH 2023

Developments On The Independence And Impartiality Of Arbitrators

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This third update on the analysis of the novelties of the arbitration reform in Italy deals with another important change to the Italian Code of Civil Procedure ("ICCP"), namely the introduction of the duty of disclosure for arbitrators in order to ensure their independence and impartiality.

European UnionLitigation, Mediation & Arbitration
Matilde Rota
Matilde Rota
Cristina Pagni
Cristina Pagni
Camilla Gambarini
Camilla Gambarini
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This third update on the analysis of the novelties of the arbitration reform in Italy deals with another important change to the Italian Code of Civil Procedure ("ICCP"), namely the introduction of the duty of disclosure for arbitrators in order to ensure their independence and impartiality.

Arbitrators are private individuals. They are not part of the judicial system and are usually academics or professionals. Because of the limited number of specialists in the specific field of a given dispute, arbitrators may be subject to potential conflicts of interest between the party that has appointed them, the counterparty, the parties' lawyers and/or the other appointed arbitrators.

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