International arbitration is a preferred method for resolving cross-border commercial and investment disputes. Arbitrators play a crucial role in shaping the arbitration process, determining the outcome of a dispute, and ensuring that the arbitration proceedings are conducted fairly, efficiently, and impartially. A bad arbitrator rarely renders a good decision. The selection of the right arbitrator […]

In August 2024, the International Institute for Conflict Prevention and Resolution published its Guidelines for Arbitrator Disclosure (the “CPR Guidelines”), aiming to provide arbitrators with practical guidance on preparing their disclosures to avoid potential conflicts of interest. Purpose and Scope As indicated in their preamble, the CPR Guidelines seek to facilitate the arbitrators’ disclosure process, […]

“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 […]

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 […]

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 […]