The Role Played by the Party-Appointed Arbitrator - Chapter 5 - Asian Leading Arbitrators' Guide to International Arbitration

Author(s):

Cecil Abraham

Page Count:

10 pages

Media Description:

PDF from "The Asian Leading Arbitrators' Guide to International Arbitration"

Published:

October, 2007

Jurisdictions:

Asia,

International

Practice Areas:

Arbitrators and Arbitral Tribunals,

Capacity and Qualifications of Arbitrators,

Challenge of Arbitrators,

Independence and Impartiality,

International Institutions and Rules

Author Detail:

Cecil Abraham is a Consultant in Zul Rafique & Partners. He is a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators, UK, Malaysian Institute of Arbitrators, Singapore Institute of Arbitrators and the Australian Centre for International Commercial Arbitration Limited. He is also a Fellow of Queen Mary & Westfield College, University of London. He has an extensive arbitration practice and appears as Counsel both in domestic and international arbitrations. He has arbitrated under the UNCITRAL, ICC, SIAC, KLRCA and LCIA Rules since the 1990s and has sat as Chairman, Sole Arbitrator and Co-Arbitrator in international commercial arbitrations in Asia and Europe. He is the current Deputy President of the Malaysian Institute of Arbitrators and Vice President of the Asia Pacific Regional Arbitration Group. He is also the Chairman of the Arbitration Committee of ICC Malaysia.

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Description:

Originally from Asian Leading Arbitrators' Guide to International Arbitration

I. INTRODUCTION

The minimum standard that is required of an Arbitrator is to be independent and impartial. It would be helpful to consider the legislation in a selection of the Asia Pacific countries and also the institutional rules of Arbitral Institutions to see how the legislation and the rules deal with the issues of independence and impartiality.

II. SELECTIVE LEGISLATION IN ASIA

Malaysia recently enacted the Arbitration Act 2005, incorporating the UNCITRAL Model Law [Model Law]. Section 14, which corresponds to Article 12 of the Model Law, provides as follows:-

“14 Grounds for challenge

1. A person who is approached in connection with that person’s possible appointment as an arbitrator shall disclose any circumstances likely to give rise to justifiable doubts as to that person’s impartiality or independence.

2. An arbitrator shall, without delay, from the time of appointment and throughout the arbitral roceedings, disclose any circumstances referred to in subsection (1) to the parties unless the parties have already been informed of such circumstances by the arbitrator.”