Independence and Impartiality in International Arbitration - an Assessment
Article from: OGEL 4 (2003), in Roundup of Articles
Summary
The impartiality and/or independence of an arbitrator are essential features of this quasi-judicial process. But as arbitrators are often closely involved in the market that appoints them, apart from the scrutiny of their judge-like role, issues arise with regard to their being partial, biased, pre-disposed and having an interest in the outcome of the arbitration. The long-standing norms that no one should be a judge in his own cause and that justice should be seen to be done apply equally to international arbitration. This paper attempts to address some of the issues that underlie the ...