The Distinctive Features of Independence and Impartiality of Arbitrators in Insurance Matters - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s): 

Petr Dobiáš

Page Count: 

22 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 | We can find discussions of the

independence and impartiality of arbitrators in the

rules of permanent arbitration institutions. This

includes both those with general jurisdiction (i.e. the

Stockholm Chamber of Commerce Arbitration

Institute and the American Arbitration Association)

and those with special jurisdiction for resolving

insurance disputes (i. e. CEFAREA, ARIAS UK, ARIAS

US, ARIAS EUROPE and Lloyd’s). Some arbitration

courts define the impartiality and independence of an

arbitrator in rules for all types of arbitration disputes

(e.g. the Stockholm Chamber of Commerce Arbitration

Institute), whereas others have a special standard of

independence and impartiality for arbitrators in

insurance disputes, which enables a focus on the

specifics of insurance arbitration proceedings (e.g.

ARIAS US). This gives rise to situations where the rules

of an arbitration court contain different provisions on

the independence and impartiality of an arbitrator. A

suitable solution would be the creation of a sample

standard for an arbitrator’s independence at the

international level (e.g. in the framework of the
International Association of Insurance Law - AIDA).