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Justifiable Doubts as to the Arbitrator's Impartiality or Independence

Published online by Cambridge University Press:  22 October 2004

Extract

Traditionally, most arbitration acts provided that an arbitrator could be challenged on the same grounds as those on which judges could be challenged. Thus, arbitrators could be challenged on specific grounds, such as a family relationship with one of the parties or animosity towards one of the parties. The more modern approach is to provide for an open norm for the grounds on which challenges can be brought. This approach finds its origin in the UNCITRAL Arbitration Rules adopted in 1976. It provides that: “[a]n arbitrator may be challenged only if circumstances exist that give rise to the justifiable doubts as to his impartiality or independence”. This standard was received in many other arbitration acts and rules. The standard nowadays being more or less uniform, its interpretation and application are far from easy.

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Copyright
© 1997 Kluwer Law International

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