On the Duty of Information as a Cause for Annulment of an Arbitration Award
Arbitration attorney Nathalia Vásquez wrote an article for Lexir analyzing the obligation of arbitrators to inform parties if there is a circumstance that can lead to doubts about their impartiality or independence. Under article 15 of Colombia's arbitration statute, arbitrators and secretaries have to disclose if they agree with or agreed with any of the parties or their representatives in other arbitral or judicial proceedings, or if they have had a professional relationship during the previous two years that is relevant for the parties. This duty of information includes the circumstances relative to the conditions or qualities of the arbitrators, their designation or selection and the type of arbitration, among others. In this article, Ms. Vásquez discusses this duty and looks at various contradictory decisions from the country's Council of State on this matter.