Challenge to Arbitrators: Where a Counsel and an Arbitrator Share the Same Office—The Italian Perspective

Abstract

Arbitrators have the duty to be and remain impartial and independent of the parties. Impartiality requires that an arbitrator neither favors one party nor is predisposed as to the question in dispute. Independence requires that there should be no actual or past dependent relationship with the parties that may, or at least may appear to, affect the arbitrator’s freedom of judgment. However, it is not just the linking of arbitrators to any of the parties that can undermine their impartiality and independence, but also a link to one of the parties’ counsels. In particular, this article deals, from the Italian perspective, with the issue of whether a counsel and an arbitrator who share the same office may be appointed for the same arbitration proceeding without disregarding the duty of impartiality and independence of the arbitrator.