Whether or Not Should Legislation Provide Criteria of Arbitrators?

Abstract

In this paper, we will explain why legislation should not provide stringent criteria of arbitration by (1) compare arbitrators and judges in courts to explain why the former does not need strict criteria provided in law while the latter need, (2) cite law systems that do not provide criteria for arbitrators and (3) prove that without ruling out stringent criteria in law, arbitrators selected by the parties still meet important requirements namely qualifications and ethic criteria, quality of management and interests of the parties and it is the reflection of the principle of party autonomy in international commercial arbitration. We also recommend that it is necessary for any arbitration law to put greater emphasis on the ethical qualification of arbitrators.