Arbitrators

Introduction

It is said that each arbitration is as good as arbitrator(s). Parties to arbitration have the right to choose arbitrators and this is regarded as one of the main advantages of arbitration. National arbitration laws can provide for requirements that a person must fulfil in order to become an arbitrator. Arbitration rules chosen by the parties can also provide for some requirements. It is up to the parties to specify in detail who will be an arbitrator in their case subject only to mandatory rules of lex arbitri. It is also primarily up to the parties to specify the number of arbitrators – one or three is a common standard in international commercial arbitration. Concerning the methods of selection, it is again primarily in the hands of the parties. They can specify the method in their arbitration agreement – directly or by reference to arbitration rules. Arbitrators have various obligations, the key one is to be and stay independent and impartial.

The aim of this chapter is to deal with arbitrators and the related questions. After going through this chapter a student should be able: to explain who can serve as an arbitrator in international commercial arbitration; to explain how are the arbitrators selected; to analyse the issue of independence and impartiality of arbitrators including related questions (disclosure obligation, challenge procedure); to name the most important obligations of arbitrators.

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Arbitrators
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Arbitrators
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Further recommended sources – books

  • BINDER, P. International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions. Kluwer Law International, 2019. Part A, Chapter III.
  • BLACKABY, N., PARTASIDES, C., REDFERN, A., HUNTER, M. Redfern and Hunter on International Arbitration. 6th ed. Oxford: Oxford University Press, 2015, Chapters 4, 5.
  • BORN, G. B. International Commercial Arbitration. 2nd ed. Kluwer Law International, 2014, Chapters 12, 13.
  • DAELE, K. Challenge and Disqualification of Arbitrators in International Arbitration. Kluwer Law International, 2012.
  • GAILLARD, E., SAVAGE, J. Fouchard Gaillard Goldman on International Commercial Arbitration. Kluwer Law international, 1999, Part 3.
  • GOMEZ-ACEBO, A. Party-Appointed Arbitrators in International Commercial Arbitration. Kluwer Law International, 2016.
  • LEW, J.D.M., MISTELIS, L. A., KRÖLL, S.M. Comparative International Commercial Arbitration. The Hague: Kluwer Law International, 2003, Chapter 10–13.
  • MOSES, M.L. The Principles and Practice of International Commercial Arbitration. 3rd ed. Cambridge: Cambridge University Press, 2017. Chapter 6.
  • WAINCYMER, J. Procedure and Evidence in International Arbitration. Kluwer Law International, 2012. Part I, Chapter 2.

Further recommended sources – Articles, papers, electronic sources

  • KluwerArbitration [online]. Available from: http://www.kluwerarbitration.com/
  • MOSES, M. Reasoned Decisions in Arbitrator Challenges. Yearbook on International Arbitration. 2013. Vol. 3, pp. 199–208.
  • NIKOLIC, A. Independence and Impartiality of Arbitrators in Comparative Arbitration Law with Special Reference to IBA Rules of Ethics. Harmonius: Journal of Legal and Social Studies in South East Europe. 2016, pp. 210–232.
  • WESTPHALEN, A., CARRIOU, V. The Arbitrators' Duty to Disclose and the Parties' Duty to Investigate: What Are the Safeguard Mechanisms to Ensure the Independence and Impartiality of Arbitrators. International Business Law Journal, 2018. Vol. 6, pp. 543–556.