The Independence and Impartiality of Arbitrator in International Arbitration  with Emphasis on Judicial Judgments

Document Type : Original Article

Authors

1 1. Professor of Law, University of Judicial Sciences and Administrative Services.

2 ph.D. Candiateof Private Law.University of Mazandaran.

3 Professorof Law.Universityof Mazandaran.

10.22034/jlr.2020.184771.1569

Abstract

The Independence and Impartiality of Arbitrator in International Arbitration  with Emphasis on Judicial Judgments
1.Homayoun Mafi  2.Behzad Ghavami 3. Sam Mohammadi 3

Professor of Law, University of Judicial Sciences and Administrative Services.
Ph.D Candidate, Private Law, University of Mazandaran.
Professor of Law, University of Mazandaran.

Abstract
The purpose of arbitration is to resolve a dispute and this brings the arbitration closer to the judiciary, then it creates the impression that, the arbitrator must also be subject to the same conditions as are necessary for the judge. The arbitrator's independence and impartiality derive from his obligations to the parties to settle disputes. These are qualities that are essential to a judge but are optional for the arbitration body, that is, arbitrator or arbitrators appointed by the parties to the dispute. Even if, this feature does not conflict with the “judgmental" feature of arbitration, and the requisiteness of having the character of a judge by the arbitrator, was not called into question, at the very least, it casts doubt on the necessity of the arbitrator's independence and impartiality. Because, generally, the parties to the dispute select persons for arbitration that somehow related to them. This is more evident in three-person judgments. Because in this type of arbitration, essentially, the parties to the dispute have the full discretion to choose their own arbitrator and usually, they look for a judgment that has the most affinity, relevance and affiliation with them. This article by separating the concepts of independence and impartiality, will review and analyze the prevailing approach in international arbitration.
Key words: Arbitrator, Arbitration panel, Independence, Impartiality, Single arbitrator

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History

  • Receive Date: 10 April 2020
  • Revise Date: 11 October 2020
  • Accept Date: 19 November 2020

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