Publication details
Arbitrator’s Duties to Report and Testify Under Criminal Law in Relation to Corruption
| Authors | |
|---|---|
| Year of publication | 2018 |
| Type | Article in Proceedings |
| Conference | Cofola International 2018: Conference Proceedings |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | international commercial arbitration; arbitrators; confidentiality; duty to report |
| Attached files | |
| Description | The aim of this paper is to analyse arbitrator’s duties to report and to testify under criminal law and the impact of arbitrator’s duty to maintain confidentiality on such duties. It is generally accepted that an arbitrator is bound by the duty to maintain confidentiality. The duty of arbitrators to maintain confidentiality is wide in scope, however, not absolute. One of its limits may result from criminal laws. In the Czech Republic, the arbitrator’s duty to maintain confidentiality is provided for by the Section 6(1) of the Czech Arbitration Act. An arbitrator may have the reporting duty under the Section 368 of the Czech Criminal Code if he/she gains credible knowledge about accepting bribes and bribery during arbitration even though he/she is bound by the duty to maintain confidentiality. Otherwise he/she risks his/her own criminal liability under Section 368. Under Section 99 the Czech Code of Criminal Procedure the questioning of an arbitrator is prohibited as regards the information covered by his/her duty to maintain confidentiality resulting from Section 6 of Czech Arbitration Act. This is not applicable in the case of accepting bribes and bribery in the scope to which the arbitrator has the reporting duty. In such a case the arbitrator has to testify. Section 99 refers only to the duty of confidentiality imposed by the Czech Republic. |
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