Challenge Procedure in Institutional and Ad Hoc Arbitration under the New Regulations in the Revised UNCITRAL Arbitration Rules - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s):

Radka Zahradníková

Page Count:

20 pages

Media Description:

1 PDF Download

Published:

February, 2014

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Abstract | The right to challenge an arbitrator is an

essential part of arbitral due process. The challenge

procedure depends on whether it is carried out in ad

hoc arbitration or institutional arbitration. This paper

explores the differences between the challenge

procedures in both ad hoc and institutional

arbitration. In addition, an analysis of the problems

associated with the procedures is included. Finally,

even if the right to challenge should be limited only to

those cases in which there is a real threat to the integrity

of the arbitration procedure, this right to challenge the

arbitrator is often misused by the parties to delay the

proceedings and postpone a negative decision of the

dispute. That is why the parties have to primarily

anticipate this when concluding the arbitration

agreement and should regulate the situation when a

party raises a challenge to an arbitrator. When they do

not obey it, they have to count on the rules which govern

the proceedings. In ad hoc proceedings, it can be

recommended for the parties to agree on some rules for

ad hoc proceedings, e.g. UNCITRAL Arbitration Rules.

These are tailor-made procedural rules for ad hoc

arbitration that also provide for rules of challenge

procedures. The UNCITRAL Rules are examined for

their ability to meet the challenges discussed in the
current, non-standard system.