An article entitled “Arbitrator Disclosure in 2026: Three Rules That Still Catch Arbitrators Off Guard” has been published on the prestigious Mondaq platform. Its author is Dr Łukasz Wydra, Partner at Jabłoński Koźmiński & Partners and Head of the Firm’s Arbitration Practice, who examines the evolving standards of arbitrator impartiality.
Our expert identifies three key areas that, in 2026, most frequently catch arbitrators off guard and may expose the parties to multi-million-value risks:
- Patterns of appointments, rather than individual cases
In niche, highly specialised market sectors, the repeated appointment of the same arbitrator by the same law firm may be structurally unavoidable. A single coincidence is not, in itself, the problem – the pattern is. The relevant question is not: “Does this particular case give rise to a conflict?”, but rather: “How would a reasonable third party assess the cumulative picture?” - The subjectivity trap in personal relationships
One of the most serious mistakes an arbitrator can make is to decide independently that a past acquaintance or social relationship is “irrelevant”. Standards have evolved: it is for the parties, not the arbitrator, to determine whether a particular relationship is material. That assessment can only be left to the parties if the relevant facts are disclosed transparently. Failure to disclose may provide a straightforward route to a successful challenge to the award. - Social media activity as a ground for challenge
This is one of the fastest-developing trends. A substantive LinkedIn post, an academic comment or a conference presentation, although entirely legitimate in itself, may be relied upon by an opposing party as evidence that the arbitrator has prejudged an issue. An arbitrator’s digital footprint is becoming a new battleground in arbitral proceedings.
We invite you to read the full analysis.
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