CHECK THESE SAMPLES OF Independence and Impartiality of an Arbitrator
an arbitrator's Duty of Impartiality The impartiality of the arbitrator is a traditional expectation of which “business managers, investors, and nations entrust their treasure and their welfare,”6.... Such caution of impartiality can be attributed to a lawyer who may serve as an advocate for one case but where there is shift of role to an arbitrator, will remain open about propositions so that regular adjustment becomes necessary on the part of the arbitrator8....
14 Pages
(3500 words)
Essay
This assignment "Pre-appointment Interviews and International Commercial Arbitration" focuses on the significance of pre-appointment interviews that can be illustrated in the determination of two concepts in arbitration: independence and impartiality.... an arbitrator, once appointed or chosen, shall disclose such circumstances to the parties unless they have already been informed by him of these circumstances.... The concept of independence concerns the personal and professional relations between a potential arbitrator and the parties, counsel, witnesses, and other arbitrators whereas impartiality focuses on the subject matter of the controversy rather than the relationship of the arbitrators to the parties or other stakeholders....
12 Pages
(3000 words)
Assignment
In general an arbitration Award is sacrosanct and the court will enforce it even if the arbitrator has committed a mistake of law or fact.... The formal grounds for vacating an Award are set out in the applicable statutes and it is usually necessary to prove; that there was a serious conflict of interest on the part of a neutral arbitrator, that the Award was not "final" or that the subject was outside the purview of the arbitration agreement.
... The arbitrator ruled that the company's investigation into this incident was insufficient....
4 Pages
(1000 words)
Essay
One of the more recent examples of arbitration proceedings of international character include the case of the European Union and Ecuador's banana dispute in which the World Trade Organisation has appointed an arbitrator to decide on the case.... "The Arbitration in the United Kingdom" paper focuses on arbitration which is a simpler form to resolve disputes commercial in nature....
13 Pages
(3250 words)
Essay
Both parties expressed positive and negative reactions to Symonette's decision showing impartiality on his part and adherence to the canons of the code with Canon I explicitly stating "an arbitrator should uphold the integrity and fairness of the arbitration process.... Under Canon I, section F stating "an arbitrator should conduct the arbitration process so as to advance the fair and efficient resolution of the matters submitted for decision....
11 Pages
(2750 words)
Essay
The paper describes the provision that would enable the landlord to get a quick recourse to get his desired revised amount because if the tenant fails to serve such notice within this time he would be deemed to have assented to the same.... This provision too has a stipulated time to protect the landlord....
15 Pages
(3750 words)
Essay
an arbitrator's Duty of ImpartialityThe impartiality of the arbitrator is a traditional expectation of which 'business managers, investors, and nations entrust their treasure and their welfare,'.... Such caution of impartiality can be attributed to a lawyer who may serve as an advocate for one case but where there is the shift of role to an arbitrator, will remain open about propositions so that regular adjustment becomes necessary on the part of the arbitrator....
12 Pages
(3000 words)
Dissertation