Codification of Arbitrator’s Duty of Disclosure: Lessons from the Indian Experience

A recent consultation paper by the U.K. Law Commission has opined that U.K. arbitration law must consider codifying the duty of disclosure. On the other hand, countries like India already prescribe a set of circumstances that are required to be disclosed by an arbitrator to prevent any possible bias. This paper analyses the statutory codification of the duty of disclosure in India and opines as to how the Indian experience can be used as a road map by countries like the U.K. for codification of this duty.