Naslov
How to ensure impartiality of arbitrators?

Autori
Jelinić, Zvonimir

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Economic and Social Development: 16th International Scientific Conference on Economic and Social Development "Legal Challenges of Modern World": Book of Proceedings / Primorac, Željka ; Bussoli, Candida ; Recker, Nicholas - Varaždin : VADEA, 2016, 108-116

Skup
16th International Scientific Conference on Economic and Social Development "Legal Challenges of Modern World"

Mjesto i datum
Split, Hrvatska, 01.09.2016. - 02.09.2016

Vrsta sudjelovanja
Ostalo

Vrsta recenzije
Recenziran

Ključne riječi
commercial arbitration ; independence ; impartiality ; fairness ; motion for challenge

Sažetak
The impartiality of party appointed arbitrators presents an issue of outmost importance in tripartite commercial and investment arbitral proceedings. In this paper, the author will question whether the problem of impartiality of arbitrators can be resolved by purely prescribing the duty of arbitrators to be impartial. Taking into account that impartiality is a subjective concept, a kind of the mental state of an arbitrator towards the parties and the dispute, in most of the cases it will be extremely difficult to establish a personal bias, particularly when it is not possible to determine one arbitrator’s link with the parties, their lawyers, other arbitrators or with the subject matter of the dispute. On the other hand, being a party to the proceeding the outcome of which may be shaped according to one party’s preferences rather than according to the law results with innumerable negative repercussions that may easily undermine all arguments in favor of arbitration over resorting to a court in the traditional sense. The existence of numerous international and domestic principles on impartiality of arbitrators is important, however not sufficient for coming close to reaching the ideal. The mere fact that the parties appoint their own arbitrators, often those for whom parties believe that they will deeply understand the nature of the party’s specific position will often, from the point of view of interested public, lead to conclusion that the parties’ appointed arbitrators are partisan. That is why, if we take for granted that the quality of one arbitration is directly linked to the quality of arbitrators themselves, we may assert that professionalism and ethical obligations of arbitrators to maintain their integrity and fairness of the process present the most effective means of securing the quality of one arbitration.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA