“The Ongoing Duty to Disclose and the Taciturn Chairwoman”: Hansjörg Stutzer publishes a Case Note on Supreme Court Decision 4A_462/2021 in ASA Bulletin Volume 40, No. 3, 2022., pp 541-551.

In this decision the Supreme Court reduced the duty pursuant to Art. 179(6) PILA to immediately disclose circumstances which might raise doubts as to the arbitrator’s independence and impartiality to the date of completion of the deliberation rather than to the end of the proceedings. Is this still in line with the meaning and wording of such provision ? No ! In addition, the case note recalls the principles of the Supreme Court for anonymizing (or not) the identity of the parties and arbitrators and criticizes its incoherent application by the Supreme Court.

Read the Case Note: Case Note ASAB 40-03_Hansjörg Stutzer

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