The Independence Of International Arbitrators

Abstract

The Independence of Arbitrators is a general principle in arbitration that an arbitrator must act and must be seen to act fairly between the parties, and the arbitrator must be and remain impartial and independent. The independence of an arbitrator is an essential feature of this judicial process. The principle of independence of arbitrators is laid down by the Arbitration Act, No 11 of 1995. All major international arbitral institutions require arbitrators appointed under the rules of their institutions to be impartial and independent. The international chamber of commerce (ICC), London Court of International Arbitration and International Centre for Settlement of Investment Disputes are among the well-known institutes that specifically require arbitrators to be independent and impartial. Keywords: international arbitration; international chamber of commerce (ICC); London Court