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The Arbitrators Duty of Impartiality and Independence - Dissertation Example

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This paper “The Arbitrator’s Duty of Impartiality and Independence” will try to discuss the arbitrator’s duty of impartiality and independence under the English Arbitration Act and compare with at least another system using resolved cases as the basis…
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The Arbitrators Duty of Impartiality and Independence
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Download file to see previous pages The International Commercial Congress of Arbitration clarified that arbitration follows the theory of arbitration that the parties have the right to control the process and maintain that right during the process; and that the parties’ agreement to settle their disputes entails allowing the arbitrator or arbitrators to control the process. Home process reality, the ICCA stated that it is the State which has sole control of the arbitral process because it provides the power to the parties as well as the arbitrators. The role of the State is apparent in the principle of independence as well as the impartiality of the arbitrators together with the principle of immunity bestowed on the arbitrator by the State.
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,”. The ethical principles must be guarded by the arbitrators themselves. There are continuing trends and changes that may affect attitudes and will temp arbitrators such as conflict-of-interest cases but Park endorsed an implementation with “sensitivity to new trouble spots,”.
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. The expectation on the arbitrator as impartial was further explored by Bishop and Reed as “An arbitrator who is impartial but not wholly independent may be qualified, while an independent arbitrator who is not impartial must be disqualified. In selecting party-appointed arbitrators in international arbitration, the absolutely inalienable and predominant standard should be impartiality,”. These conflicts were observed in the cases mentioned in the LIAM AMINZ Arbitration Seminar involving a partner layer in one locality who served as an arbitrator for an overseas dispute. ...Download file to see next pagesRead More
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