08 Aug 2018
Arbitration has long been recognized as a well-established alternative to court proceedings, especially, in international business matters. As an alternative judicial mechanism, arbitration is governed by the prevailing principle of “due process” to ensure a certain level of justice and the fair and equal treatment of the parties. One of the best examples to illustrate this principle concerns the selection and appointment of arbitrators by the parties. Although the parties are free to individually agree on the appointment process, it is generally accepted that the appointed persons must be independent and impartial.Independence generally refers to private, professional or business-related relationships of the arbitrator to the parties or counsels involved in the arbitration. The requirement of impartiality concerns the subjective stance of an arbitrator towards the parties, their counsels or the dispute in question.
The IBA Guidelines specifically target re