Subjective and Objective Impartiality of Arbitrators and Appointing Authorities as a Part of Procedural Public Policy (Ordre Public) in Arbitration - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s): 

Alexander J. Bělohlávek

Page Count: 

28 pages

Media Description: 

1 PDF Download

Published: 

February, 2015

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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 | Selection and appointment of arbitrators is
one of the crucial issues of arbitration. Laws and rules

applicable to arbitration usually do not impose any

special requirements on arbitrators, except eligibility

criteria such as a minimum age and requirements of

independence and impartiality. The parties may agree

on the requirements for arbitrators in the arbitration

agreement; an arbitration agreement exclusively

results from the autonomy of the parties within the

limits determined by the lex arbitri. The parties,

however, may not forego the requirements of

independence and impartiality. Also, an appointing

authority must be fully independent of the parties.

Despite the fact that this principle is not explicitly

articulated in the laws and rules or any other

provisions applicable to arbitration, it is a principle

inherent to arbitration and is a manifestation of the

principle of equality of the parties, which must be

considered the procedural ordre public in arbitration.

An arbitrator must always act as a person with no

vested interest in the course and outcome of the

dispute. The circumstances disqualifying arbitrators

must be not only objective but also reasonably evident,

and not merely speculative. Impartiality is a highly

subjective category and, in relation to bias it might be

said that bias establishes the risk of an absence of

impartiality.