What disclosure is
Conflict disclosure is a continuing professional discipline around relationships, financial dependence, prior work, affiliations and institutional roles that may affect, or appear to affect, independent judgement. Its purpose is to identify what a reasonable participant may need to know.
The conflict map
A credible search reaches beyond the names in the appointment letter: parties and their affiliates, beneficial owners and investors, advisers and experts, institutions, and cumulative economic relationships such as repeat appointments.
From search to judgement
Separate four questions: does a relationship exist; is it relevant to confidence; does it need disclosure; can the appointment continue. Consent is not a cure for every concern: the Neutral still decides whether independent judgement can genuinely be maintained.
After acceptance
Clearance is not permanent. New parties, affiliates, counsel, funders or roles may require fresh disclosure at any point in the mandate.
The disclosure form
Five fields: relationship, timing, assessment, limits and continuation, written for a participant who has never seen the relationship before.
Model disclosure form
1. RELATIONSHIP. [Describe the professional, financial, institutional, personal or prior-appointment connection in ordinary language.]
2. TIMING. [When it occurred, whether it continues, and any frequency or financial context that may matter.]
3. ASSESSMENT. This relationship is disclosed so that participants can assess confidence. Disclosure is not an admission of bias.
4. LIMITS. [Where another confidentiality or legal duty prevents full detail, state the limit.]
5. CONTINUATION. [Whether the Neutral proposes to continue and whether participant views are invited.] Later circumstances may require a fresh disclosure.
Conflict Disclosure Standard · Version 1.0 · Reviewed annually under the governance of the Global Council