The Influence of Violation of the Independence and Impartiality Rules on the Enforceability and Effectiveness of the Arbitral Award - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s):

Barbara Jelonek-Jarco

Julita Zawadzka

Page Count:

20 pages

Media Description:

1 PDF Download

Published:

February, 2015

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Abstract | The rules of independence and impartiality

of arbitrators are guaranteed by various mechanisms.

These include the duty imposed upon an arbitrator to

disclose any circumstances likely to give rise to doubts

as to their impartiality or independence or the parties’

right to challenge an arbitrator. A procedural error

that leads to the violation of the principles of

independence and impartiality of arbitrators may

constitute grounds for refusal of the recognition or

enforcement of an arbitral award as specified in

Article V of the New York Convention (NYC).

Depending on what kind of procedural error has

occurred, a different ground for the refusal of the

recognition or enforcement may come into question.

The power of the recognition and enforcement court to

refuse the recognition of an arbitral award ex officio

regardless of the initiative of the parties to the

proceedings is, however, crucial. If a violation of the

rules of the arbitrator’s independence and impartiality

in the course of the arbitral proceedings turns out to be

an infringement of the principles of due process of law,

then not only does the refusal of the recognition of an

arbitral award support the protection of the public

policy of the state in which the recognition is sought,

but it also contributes to the increase of trust of the

parties to the arbitration as an alternative and fair
method of dispute resolution.