CIArb Features

Independence and Impartiality of Arbitrators

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.[1] One of the best examples to illustrate this principle concerns the selection and appointment of arbitrators by the parties.[2] 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.[3]Independence generally refers to private, professional or business-related relationships of the arbitrator to the parties or counsels involved in the arbitration.[4] The requirement of impartiality concerns the subjective stance of an arbitrator towards the parties, their counsels or the dispute in question.[5]

The IBA Guidelines[6] specifically target re