Rethinking the Criteria for Impartiality and Independence of Party-Appointed Arbitrator

Articles in Press

Document Type : Original Article

Authors

1 Associate Professor, Department of Private Law, faculty of law and political science, University of Tehran, Tehran, Iran.

2 Ph.D. Student in in Private, Law, faculty of law and political science, university of Tehran

Abstract

Impartiality and independence of arbitrators are fundamental prerequisites for resolving disputes in a lawful and fair manner. In arbitration, due to the principle of party autonomy, disputing parties typically appoint two party-appointed arbitrators. A critical issue is determining the criteria for assessing these party-appointed arbitrators' impartiality or lack thereof. One perspective holds that party-appointed arbitrators are no different from neutral arbitrators in terms of impartiality and independence, and, given their judicial role in dispute resolution and the necessity of avoiding bias to uphold the legitimacy of arbitration, they are subject to the same conditions and requirements for arbitrator challenges. Conversely, another perspective, rooted in the philosophy of forming three-member arbitral tribunals, balancing arbitrators, and fulfilling the parties’ expectations, accepts a reasonable degree of alignment between party-appointed arbitrators and the appointing parties, thereby subjecting party-appointed and neutral arbitrators to different standards for assessing impartiality and independence. Employing a descriptive-analytical approach and examining legal regulations and juridical theories, this study analyzes the aforementioned dual perspectives and concludes that accepting a reasonable alignment of party-appointed arbitrators with the parties is consistent with the purpose of three-member tribunals and contributes to enhancing the quality of proceedings.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 29 October 2025

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History

  • Receive Date: 26 June 2025
  • Revise Date: 17 October 2025
  • Accept Date: 29 October 2025

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