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Neutrality, Independence and Impartiality of Arbitrators: Uniformity of Definitions, Dissimilarity of Applications

Neutrality, Independence and Impartiality of Arbitrators: Uniformity of Definitions,... Neutrality of the arbitrator is one of the fundamental features of arbitration. It is not a universal but a relative notion, inevitably not identical in all parts of the world, at any given moment.What should be avoided is a different application of this concept by the same individual, depending on the role played: very strict when he/she acts as counsel (and also different if acting for the Claimant or for the Respondent, as well as if appointing the co-arbitrator or the Chair), more tolerant and flexible when he/she is in the role of arbitrator. A lack of coherence, depending on which side of the barricade the same individual may be, may affect users’ trust in and reliance on arbitration.Arbitral institutions play a fundamental role in fighting, with realism, this attitude, being aware that neutrality of arbitrators is a principle that does not tolerate any compromise. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png BCDR International Arbitration Review Kluwer Law International

Neutrality, Independence and Impartiality of Arbitrators: Uniformity of Definitions, Dissimilarity of Applications

BCDR International Arbitration Review , Volume 6 (1): 14 – Jun 1, 2021

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Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
2352-7374
Publisher site
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Abstract

Neutrality of the arbitrator is one of the fundamental features of arbitration. It is not a universal but a relative notion, inevitably not identical in all parts of the world, at any given moment.What should be avoided is a different application of this concept by the same individual, depending on the role played: very strict when he/she acts as counsel (and also different if acting for the Claimant or for the Respondent, as well as if appointing the co-arbitrator or the Chair), more tolerant and flexible when he/she is in the role of arbitrator. A lack of coherence, depending on which side of the barricade the same individual may be, may affect users’ trust in and reliance on arbitration.Arbitral institutions play a fundamental role in fighting, with realism, this attitude, being aware that neutrality of arbitrators is a principle that does not tolerate any compromise.

Journal

BCDR International Arbitration ReviewKluwer Law International

Published: Jun 1, 2021

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