“It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done”[1], Lord Hewart said and made history. How unbiased can an arbitrator truly be? This note showcases the tests and challenges of impartiality in arbitration. The “Impartiality […]
How to Choose an Arbitrator?
The arbitrator is perhaps the most important part of any international arbitration. Indeed, it has been said that the quality of an arbitration “cannot rise above the quality of the arbitrator.”[1] A good arbitrator will deal with your dispute rigorously and agreeably, producing a fair and predictable outcome in line with the law and the […]
How to Remove an Arbitrator from an Ongoing Arbitration
The parties to arbitration proceedings may become dissatisfied or have doubts regarding the ability and neutrality of a chosen arbitrator. While there are many very good arbitrators, there are some who are biased or simply incompetent. However, it can be fiendishly difficult to dislodge even a very poorly performing arbitrator once he or she has […]
The Choice Between One and Three Arbitrators
The choice between one and three arbitrators is an important decision parties do not always pay attention to when drafting arbitration clauses, or even once a dispute has arisen. The choice of who will sit on the panel, including whether it will be a sole arbitrator or a three-member tribunal, is one of the most […]
Who Can Be an Arbitrator in International Arbitration?
In the not-too-distant past, there were only a few individuals acting regularly as arbitrators in international arbitration. Similarly, law firms engaged in international arbitration could be counted on the fingers of one hand. Unsurprisingly, there were a very small number of individuals, generally well-connected, who were called upon to act as arbitrators. This trend, however, […]