Independence and Impartiality of Arbitrators and Mediators – The Castor and Pollux of the ADR World? - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s): 

Martin Svatoš

Page Count: 

20 pages

Media Description: 

1 PDF Download

Published: 

February, 2014

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Description: 

Originally from Czech and Central European Yearbook of Arbitration - 2014: Independence and Impartiality of Arbitrators

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Abstract | The article deals with a comparison of the
independence and impartiality of arbitrators and

mediators. The two ADR institutions are often

assimilated, but the obligations imposed on each of the

categories differ to some extent. The article opens with

a theoretical definition of the terms “impartial” and

“independent”, while the author then focuses on a

comparison of the normative rules as incorporated in

selected legal systems and in the rules adopted by

selected ADR institutions. The results of the research

are subsequently analysed and put into context. The

final part of the article examines whether the

obligations are identical in both cases, or whether they

differ and merely have the same title. The results of the

examination are subsequently put into the context of a

situation in which a single individual simultaneously

acts as mediator and arbitrator in the ADR hybrid

models – med-arb and arb-med.