The proposed reform of the English Arbitration Act on arbitrators’ independence and impartiality and the duty of disclosure from a comparative perspective

Abstract

Abstract The arbitrator’s obligation of independence and impartiality is one of the core principles of international arbitration that serves to ensure fairness in the resolution of disputes through private justice.1 The terms independence and impartiality are often used interchangeably,2 but they are distinct concepts. Independence relates to the relationship or links between an arbitrator and a party, whether financial or otherwise, which may be determined through an objective test. Impartiality, on the other hand, is connected with the actual or apparent bias of an arbitrator and reflects a subjective state of mind.3