ABSTRACT: This article addresses the issue of the extent of the arbitrator's duty of disclosure in the international sphere and in the Brazilian scenario as from the basic concepts of such duty. The issue is dealt with under the light of the particularities of the duty of disclosure as an instrument originated from the peculiarity of arbitration to confer the parties the autonomy to elect the judge, such as from the existing differences between arbitration and the judicial sphere - as diverse systems. Besides the elements of independence, impartiality and neutrality, the confidence in the arbitrator is described as the objective to be pursued with the due exercise of the duty of disclosure. The regulation on the duty of disclosure is put under examination and study, of which premises are established specially in attention to the necessary specificities to ascertain the reliability in view of which this duty was created. Some views on the applicability of the existing soft law - such as the IBA Guidelines - in the Brazilian scenario are analyzed, having as is main premise the importance of the adequate exercise of the duty of disclosure in order to preserve the confidence in the figure of the arbitrator and, consequently, in the institute of arbitration itself.
Revista Brasileira de Arbitragem