The Subject Scope of the Arbitrator's Duty to Disclose "in Light of Legislative Foundations and Jurisprudential Standards"

Objective: Our research aims to study and analyze the arbitrator's obligation to disclose in order to define its substantive scope and to avoid leaving this crucial area to the opinions of legal scholars and judicial interpretations in determining what the arbitrator must disclose. Theoretical Framework: Most legislations, despite agreeing on the necessity of disclosure, do not specify what the arbitrator must disclose and what they are not required to disclose. This generalization cannot be applied without limitation, as some relationships are influential while others are not. Therefore, this study aims to clarify what an arbitrator is obligated to disclose and what they are not , In order to prepare an arbitrator who upholds fairness when examining disputes and avoids favoring the interests of one party over another, this aligns with the goals of sustainable development, which our study aims to achieve. Method: We followed an analytical approach to the texts of international legislations related to the topic of "the arbitrator's obligation to disclose in the context of international commercial arbitration," comparing them with the Iraqi Code of Civil Procedure and the draft Iraqi Arbitration Law, in order to identify the areas of deficiency in Iraqi legislation and address these shortcomings. Results and Discussion: We did not find any provisions within the texts of Iraqi legislation addressing the substantive scope of disclosure, despite its mention in the draft Iraqi Arbitration Law. However, in some international legislations and arbitral decisions, it was noted that the facts requiring disclosure by the arbitrator should not be matters of common knowledge and must have an impact on the arbitrator's impartiality and independence, such as relationships of kinship or employment.