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12 Asian Int'l Arb. J. 1 (2016)

handle is hein.kluwer/asiainta0012 and id is 1 raw text is: AN ARBITRATOR'S 'EXPERT, YET SECRET, KNOWLEDGE': FRIEND OR FOE? (LESSONS LEARNED FROM THE BANKARD' SAGA) by Patricia-Ann T Prodigalidad* Over much of the past decade, focus of the international arbitration community has been on developing (and re-developing) clearer and more practical guidelines that prescribe uniform standards for arbitrator disclosure and that codify certain 'rules of conduct' for party representatives and counsel. As these guidelines, rules, standards and codes are all aimed at guaranteeing to the parties an impartial and independent arbitrator, free of conflicts of interest, as well as fair treatment in international arbitration proceedings, these works have, expectedly, been subject of much discussion and debate. Perhaps because of the flexibility and party autonomy that set arbitration apart, very little appears to have been done to produce a similar set of 'guidelines' on arbitrator conduct during the course of, and in managing, an arbitration proceeding. This is especially true on the matter of 'secret knowledge' - ie, expert or specialist knowledge that an arbitrator possesses, whether inherently due to professional experience or educational attainment, or by reason of independent research and study, and that is relevant to the issues in an arbitration. Thus, unfortunately (or fortunately), to date, there are no dear and unequivocal answers to the questions of whether the arbitrator may use such 'secret knowledge' without informing the parties; whether the arbitrator, before relying on such 'secret knowledge', is required to notify the parties and obtain their comments thereon; whether the arbitrator should * Ms Prodigalidad is a partner of the Litigation and Dispute Resolution Department of Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW), an accredited arbitrator of the Philippine Dispute Resolution Center Inc, a JICA- accredited FIDIC adjudicator and the current National Secretary of the Integrated Bar of the Philippines. 1 RCBC Capital Corporation v Banco de Oro Unibank, Inc, GR No 196171, 10 December 2012, 687 SCRA 583. ASIAN INTERNATIONAL ARBITRATION JOURNAL, VOLUME 12, NUMBER 1, PAGES 1-20. © SIAC. 2016

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