The Effects of Arbitrator's Lack of Impartiality and Independence on the Arbitration Proceedings and the Task of Arbitrators under the UNCITRAL Model Law

Ahmed Mohammad Al-Hawamdeh,Qais Enaizan Al-Sharariri,Noor Akief Dabbas

doi:10.5539/jpl.v11n3p64

Ahmed Mohammad Al-Hawamdeh, Qais Enaizan Al-Sharariri + Show 1 more

Open Access

https://doi.org/10.5539/jpl.v11n3p64

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Abstract

This paper aims to investigate the effect of arbitrators’ lack of impartiality or independence on the arbitration process in accordance with the Model Law. The reasons for choosing the latter is that it is the origin for most modern national arbitration laws and any amendments to it would likely to be followed by national laws. The research problem lies in the fact that the Model Law does not tackle in detail the issue of challenging arbitrators for lacking impartiality or independence. A challenge application would have an immediate effect on both the arbitration proceedings and the task of arbitrators. This study concludes that grounds for challenging arbitrators’ impartiality or independence under the Model Law are broad and general. Hence, regulating the scope, grounds and limitations related to the lack of impartiality or independence on the part of arbitrators should be addressed in depth in the Model Law to safeguard the interests of arbitration parties and therefore justice at large.

Highlights

Impartiality and independence of arbitrators are considerable safeguards for the parties of a dispute and all those directly connected to it.[1]
This paper aims to investigate the effect of arbitrators’ lack of impartiality or independence on the arbitration process in accordance with the Model Law
The reasons for choosing the latter is that it is the origin for most modern national arbitration laws and any amendments to it would likely to be followed by national laws

Summary

Introduction

Impartiality and independence of arbitrators are considerable safeguards for the parties of a dispute and all those directly connected to it.[1]. Most national and international arbitration laws confirm that it is the duty of arbitrators to be and remain impartial and independent throughout the arbitration process. The question here lies in what the rules that govern the impartiality and independence of an arbitrator are, and the effects of lacking impartiality or independence on the arbitration process and the arbitral tribunal have. Since the Model Law is considered to be the source in legislating most modern national arbitration laws, it is rather important to dwell on the principles of applying for challenging arbitrators’ lack of impartiality and independence in accordance with the Model Law. This paper is divided into three main sections (2, 3 and 4); the section; section 2; focuses on the scope of the application of impartiality and independence in arbitration. The fourth section tackles the effect of a lack of impartiality and independence on arbitral tribunals

Scope of Application of Impartiality and Independence in Arbitration

The Effect of a Lack of Impartiality and Independence on an Arbitral Tribunal

Conclusion