Quando o dever de revelação do árbitro é suficiente: uma análise crítica da teoria e da prática nas esferas brasileira e internacional

Abstract

This study aims to analyze the regulation of the arbitrator's duty of disclosure in arbitration proceedings, especially its implementation in arbitration practice in Brazil, assessing whether it is effective, adequate, and sufficient to guarantee independence and impartiality. Initially, it explores the significance of trust in this context, addressing the fundamental pillars of this duty, such as the requirements of impartiality, independence, and the existence of justified doubts. Furthermore, the study encompasses a comparative analysis between international and national perspectives, considering the main national and international soft law norms, as well as recent legislative and judicial initiatives in Brazil seeking to impose new criteria on the duty of disclosure, highlighting, however, the risk of distorting the adaptive nature of this system. This study also highlights the impact of the International Bar Association guidelines on the practices of Brazilian arbitration chambers. The primary objective aims at seeking greater precision in defining the boundaries of the duty of disclosure. This precision not only contributes to legal stability but also may reduce the number of solely delaying strategies, resulting in a more effective and expedited arbitral procedure. The study addresses key points and reflections on future perspectives related to the disclosure duty in Brazilian arbitration, emphasizing the importance of best practices within the country's arbitral context.