The conference was addressed by arbitration specialists from various countries, who described the standards set in their respective jurisdictions. Anne-Marie Whitesell brought an international viewpoint by presenting ICC's approach to the question. She pointed out the importance of disclosure in assessing independence. ICC arbitration has an instrument specifically designed for this purpose - the Statement of Independence. When accepting office, arbitrators are required to sign this document and indicate any facts or circumstances likely to call into question their independence in the eyes of any of the parties.
Disclosure is to everyone's advantage.
Not only does it help transparency and encourage confidence from the outset, but also avoids the risk of complications at later stages of the proceedings, if previously undisclosed facts come to light. Ms Whitesell concluded that experience seems to show that ICC has been able to find a workable balance between respect for the parties' right to choose their arbitrators and the need to verify the independence of such arbitrators. The conference proceedings, including Ms Whitesell's address, are to be published by ASA later in the year.