Relevant bibliographies by topics / Impartial arbitrator

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Impartial arbitrator'

Author: Grafiati
Published: 30 May 2022
Last updated: 31 July 2025

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Journal articles on the topic "Impartial arbitrator"

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Ferrario, Pietro. "Challenge to Arbitrators: Where a Counsel and an Arbitrator Share the Same Office—The Italian Perspective." Journal of International Arbitration 27, Issue 4 (2010): 421–26. http://dx.doi.org/10.54648/joia2010023.

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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, fro
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Nguyen, Anh Thuy Dung. "Standards of independence and impartiality in the context of international commercial arbitration." Ministry of Science and Technology, Vietnam 65, no. 2 (2023): 85–92. http://dx.doi.org/10.31276/vmostjossh.65(2).85-92.

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In this day and age, international commercial arbitration is widely regarded as an effective alternative dispute resolution mechanism, voluntarily chosen by a majority of parties. However, a pertinent question arises: why do an increasing number of international businesses prefer international commercial arbitration over national courts to resolve commercial cases? Apart from the efficiency and convenience that international arbitration provides, the arbitrator's professional ethics play a crucial role in maintaining the credibility and legitimacy of the process. Therefore, to bolster parties'
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O. Adeleye, Peace, and Daze C. Nga. "The English Supreme Court’s Decision in Halliburton V. Chubb: An Examination of the Issues Arising from Arbitrators’ Acceptance of Multiple Appointments in Related Arbitrations and Arbitrator’s Duty to Disclose." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 88, Issue 1 (2022): 201–18. http://dx.doi.org/10.54648/amdm2022012.

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Independence, impartiality, and the existence of an environment devoid of bias are key elements that define the integrity of any dispute resolution process. The absence of these key elements in any dispute resolution process cast doubt on due process notwithstanding the formality adopted in such process. Like every dispute resolution process, it is an ideal and a requirement in the arbitral process for every arbitrator to be impartial and independent. Arbitrators are obliged to disclose circumstances that may cast doubt on their impartiality upon acceptance of the arbitration and during the ar
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Konstantinidi, Marina-Elissavet. "Beyond Cognition: Are Party-Appointed Arbitrators Truly Impartial?" International Investment Law Journal 4, no. 2 (2024): 154–64. http://dx.doi.org/10.62768/iilj/2024/4/2/03.

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The present paper examines the principle of impartiality and its significance in the context of party-appointed arbitrators in international investment and commercial arbitration. It reflects on how cognitive biases influence decision-making in arbitral disputes and how such biases can be mitigated to enhance the credibility and fairness of international dispute resolution procedures. Arbitration is a common mechanism for resolving disputes in international investment law, with parties often appointing tribunal members. However, the impartiality of these arbitrators is frequently questioned. C
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Schwing, Mel Andrew. "Don’t rage against the machine: why AI may be the cure for the ‘moral hazard’ of party appointments." Arbitration International 36, no. 4 (2020): 491–507. http://dx.doi.org/10.1093/arbint/aiaa033.

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Abstract In 2010, Jan Paulsson decried the use of party-appointed arbitrators in international arbitration as a ‘moral hazard' that threatened the legitimacy of arbitration as an impartial method of dispute resolution. He suggested a series of reforms, most notably allowing arbitral institutions to make all arbitrator appointments. Over the past decade, commentators have debated Paulsson's arguments and whether arbitrators should be chosen by parties or arbitral institutions, relying on an assumption that those two methods are the only ways by which arbitrators can be selected. This essay demo
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Angoura, Stavroula. "Arbitrator’S Impartiality Under Article V(1)(D) Of The New York Convention." Asian International Arbitration Journal 15, Issue 1 (2019): 29–41. http://dx.doi.org/10.54648/aiaj2019002.

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An arbitrator’s lack of impartiality provides grounds for non-recognition of a foreign or non-domestic arbitral award under Article V(1)(d) of the New York Convention where the parties’ agreement or the law of the arbitral seat required impartial arbitrators. This contribution examines the structure and content of Article V(1) (d) of the New York Convention through the lens of arbitrator’s alleged bias. In the vast majority of such cases, courts have rejected objections to recognition under Article V(1)(d), including on grounds of waiver. Complaints about the qualification of an arbitrator’s i
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Hadi Zulkarnain. "Sociological Jurisprudence as the Basis for Online Arbitration in Non-Litigation Alternative Dispute Resolution in Medical Dispute Cases." International Journal of Sociology and Law 1, no. 4 (2024): 154–64. http://dx.doi.org/10.62951/ijsl.v1i4.181.

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This study explores the application of sociological jurisprudence in online arbitration as a non-litigation alternative for resolving medical disputes in Indonesia. Sociological jurisprudence integrates the law with the social dynamics of society, which in the Indonesian context is reflected in the culture of consensus decision-making. Online arbitration utilizes technology to facilitate efficient and fair dispute resolution. This study proposes that the principle of consensus, in line with the Fourth Principle of Pancasila, can be implemented in online arbitration to achieve win-win solutions
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Mukherjee, Swapnil, Dr Malay Adhikari, and Dr. Nirupama. "The Role of Institutional Arbitration in Resolving Disputes Among Students, Faculty, and Management in Universities: An Empirical and Analytical Legal Study in West Bengal." International Journal of All Research Education & Scientific Methods 13, no. 05 (2025): 3574–83. https://doi.org/10.56025/ijaresm.2025.1306253574.

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Institutional arbitration is a way by which to resolve disputes, including in education. This research looks into how arbitration solves conflicts involving students, faculty, and management in state universities in West Bengal. Their own Acts allowed many universities to set up arbitration systems. These are the systems which handle the internal issues. However, actual use and understanding for these systems are still not well studied. This research seeks to determine people's knowledge of these systems and their usage frequency. The study does also consider just how effective they may be for
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Dąbrowski, Marcin. "Gwarant czy arbiter? Rola Prezydenta Rzeczypospolitej Polskiej w świetle art. 126 ust. 1 Konstytucji Rzeczypospolitej Polskiej." Przegląd Prawa Konstytucyjnego 68, no. 4 (2022): 27–40. http://dx.doi.org/10.15804/ppk.2022.04.02.

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The author of the study claims that assigning the role of an arbitrator to the President of the Republic of Poland is incorrect. It is a misleading reference to the constitutional position of the President of the Fifth French Republic, who vests much stronger power. It deprives the function of the guarantor of the continuity of power, referred to in Art. 126 (1) of the Constitution of the Republic of Poland, of its content and systemic significance. The President of the Republic is not impartial and apolitical and takes part in the implementation of state policy. These features prevent him fro
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Omar Nayed, Murad Idris. "Standards of Distinctions between National and Foreign Arbitral Awards: A Discussion in The Light of Libyan Current Legislation." South Asian Journal of Social Sciences and Humanities 4, no. 3 (2023): 69–76. http://dx.doi.org/10.48165/sajssh.2023.4306.

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Arbitration is a legal process in which disputes between two or more parties are resolved by an impartial third party, known as an arbitrator, rather than by a court of law. In the context of this article, the legal approaches distinguishing between domestic and foreign arbitral award are very important and they differ from one arbitration law to another. By using doctrinal legal research methodology, this article aims to examine the legal approaches distinguishing between domestic and foreign arbitral awards in the context of Libya. Both primary and secondary sources are used and then analyse
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Dissertations / Theses on the topic "Impartial arbitrator"

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Cherevatiuk, Viktoriya, and Alina Cherevatiuk. "Historical origins of mediation." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/48796.

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The mediation in its modern form was formed only in the second half of the XX century, but its foundations were born much earlier. The mankind constantly seemed to walk around it, but for a long time did not dare to apply. The first ideas about mediation in the state in which we are accustomed to seeing it were voiced in 1976 in the United States, when a historic conference named after R. Pound entitled "Causes of public dissatisfaction with the administration of the US justice system", which made a real breakthrough in mediation. It was at the Pound Conference that two documents were publis
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Cavazos, Villanueva Gabriel. "Binational panels of arbitration, impartial adjudicators or spawning ground of new ideas? : the Mexican experience under the mechanism for dispute resolution of chapter 19 of the NAFTA." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ29454.pdf.

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Books on the topic "Impartial arbitrator"

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Association, American Arbitration. Rules for impartial determination of union fees: As amended and in effect January 1, 1988. American Arbitration Association, 1988.

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Plans, International Foundation of Employee Benefit. Impartial umpire rules for arbitration of impasses between trustees of joint employee benefit trust funds: As amended and in effect January 1, 1988. American Arbitration Association, 1988.

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David, Scorey, Geddes Richard, and Harris Chris. Part III Dispute Resolution Under the Bermuda Form, 24 The Arbitrators’ Ethical Duties. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.003.0024.

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This chapter deals with a number of legal and practical questions that arbitrators might face regarding their personal positions in a Bermuda Form arbitration. On the basis that the curial law of the arbitration is English law, the chapter first considers the legal basis on which arbitrators are appointed and act. It then turns to the rights and obligations of arbitrators in the context of the Bermuda Form from a UK perspective. These include the requirement that arbitrators should be impartial at the time of appointment and throughout a reference, the duty of disclosure of potential conflicts
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Kennedy, Thomas. Effective Labor Arbitration: The Impartial Chairmanship of the Full-Fashioned Hosiery Industry. University of Pennsylvania Press, 2017.

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Henry G, Burnett, and Bret Louis-Alexis. Part III Practice and Procedure, 12 Advantages of Arbitration for International Mining Disputes. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198757641.003.0012.

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This chapter discusses arbitration for international mining disputes. Such disputes often involve parties from different countries often with different legal systems and cultures. Arbitration in a neutral forum, with independent and impartial decision-makers, as opposed to litigation in the national courts of one party or the other, is, in most cases, the preferred international dispute resolution mechanism. Some of the more well-known international institutions include the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispu
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Stephen, Jagusch, and Triantafilou Epaminontas E. 10 London. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199655717.003.0011.

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This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it ad
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Villanueva, Gabriel Cavazos. Binational panels of arbitration: Impartial adjudicators or spawning ground of new ideas? : the Mexican experience under the mechanism for dispute resolution of chapter 19 of the NAFTA. 1997.

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Binational panels of arbitration: Impartial adjudicators or spawning ground of new ideas? : the Mexican experience under the mechanism for dispute resolution of chapter 19 of the NAFTA. National Library of Canada = Bibliothèque nationale du Canada, 1999.

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Book chapters on the topic "Impartial arbitrator"

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Hiroshi, Oda. "5 Impartiality and Independence of Arbitrators and Arbitral Institutions." In Russian Arbitration Law and Practice. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198712442.003.0005.

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This chapter assesses the concept of impartiality and independence. The Law on International Commercial Arbitration provides that the potential candidate for the appointment of an arbitrator must disclose any circumstances that may cause a well-grounded doubt regarding his impartiality or independence in writing. In cases where the competent court, appoints an arbitrator, in the absence of the agreement between the parties, the court must ensure that an independent and impartial arbitrator is appointed. Independence and impartiality in Russia are not issues limited to arbitrators. The core of
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Martin F, Gusy, and Hosking James M. "Part I Commentary on the ICDR International Rules, 13 Article 13—Impartiality and Independence of Arbitrator." In A Guide to the ICDR International Arbitration Rules. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198729020.003.0014.

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This chapter explores Article 13, which requires that arbitrators in ICDR disputes shall be impartial and independent. The importance of impartiality and independence is significant. These notions affect the very core of arbitration, including the selection of arbitrators and the subsequent process for challenging arbitrators, and even provide a potential basis for seeking to annul the resulting award. To assess an arbitrator’s independence and impartiality, Article 13 requires broad and continuous disclosure—‘at any stage during the arbitration’—which also allows the parties to determine whet
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Blake, Susan, Julie Browne, and Stuart Sime. "Arbitration." In The Jackson ADR Handbook, 4th ed. Oxford University Press, 2025. https://doi.org/10.1093/law/9780198937647.003.0025.

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Abstract This chapter explains the process of arbitration, which involves an impartial arbitrator or tribunal considering both sides of a dispute and making a decision on the issues raised by the parties. Arbitration can take a wide variety of forms and can arise in a wide variety of legal contexts. It is based on an agreement between the parties to refer their dispute or difference to arbitration. That agreement may be made before or after the relevant dispute has arisen. There is a strong public policy in favour of upholding arbitration agreements, which is supported by the idea that an arbi
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Ratliff, Dane. "Arbitration in ‘Flexible-Mechanism‘ Contracts." In Legal Aspects of Implementing the Kyoto Protocol Mechanistns: Making Kyoto Work. Oxford University PressOxford, 2005. http://dx.doi.org/10.1093/oso/9780199279616.003.0021.

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Abstract In the above quote, Aristotle recognizes the nature of third-party dispute settle-ment, and its ability to produce a ‘satisfactory‘ decision. A party to a dispute is necessarily affected by its role in the dispute; is necessarily biased toward its own position and the truth of that position. An arbitrator, on the other hand, must be impartial and independent of the dispute, weighing the statements of both parties regarding the truth (the subject matter of the dispute) against his1 own experience and knowledge. Only in so doing is he able to arrive at a ‘satisfactory decision as to the
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Madsen, Finn. "Sources of Law in Swedish Arbitration." In Commercial Arbitration in Sweden. Oxford University PressNew York, NY, 2007. http://dx.doi.org/10.1093/oso/9780195339703.003.0005.

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Abstract Arbitration is characterised by the absence of detailed regulations with respect to the procedure. Flexibility in the procedure is thereby achieved. The regulations contained in the Act state that the arbitrators shall handle the dispute “in an impartial, practical, and speedy manner” (section 21). The procedural rules in the Act also state (section 24(1)) that the arbitrators must ensure that the parties are afforded “to the extent necessary, an opportunity to present their respective cases” and that “an oral hearing” must be held upon request by a party provided that the parties hav
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Kershen, Dr Harry. "How Impartial Is Impartial Arbitration when it Involves Public School Teachers?" In Impasse and Grievance Resolution. Routledge, 2019. http://dx.doi.org/10.4324/9781315224350-18.

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Gáspár-Szilágyi, Szilárd, and Laura Létourneau-Tremblay. "A Question of Impartiality." In Identity and Diversity on the International Bench. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198870753.003.0015.

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As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality of the dissenters, their gender, or appointment by the investor or the State, and the number of dissents written. In the absence of data on the educational and professional backgrounds of all appointed arbitrators, our findings concerning education and the professional background are more tentative. Where we do see significant correlation, is between dissents and appointments by the losing party.
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Tweeddale, Andrew, and Keren Tweeddale. "The Arbitral Tribunal and Jurisdiction." In Arbitration of Commercial Disputes. Oxford University PressOxford, 2005. http://dx.doi.org/10.1093/oso/9780199265404.003.0005.

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Abstract The services that the arbitral tribunal provide have been stated as being ‘principally and habitually those of settling a dispute between two or more parties, even though this is done on an equitable basis’.1 The relationship between the parties and the arbitral tribunal is founded out of a contract and it is from this contract that the arbitral tribunal derives its jurisdiction. As stated in Ashville Investments v Elmer Contractors:2 ‘A non-statutory arbitrator derives his jurisdiction from the agreement of the parties at whose instance he is appointed. He has such jurisdiction as th
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Marceddu, Maria Laura. "Judicializing investment arbitration." In EU Values in Investment Law And Policy. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780191986208.003.0008.

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Abstract For balance to be functional, it must operate within a context of impartial and independent justice. Without this foundation, other principles of the rule of law lose their legal impact. This configuration of justice is deeply rooted in the EU, providing a basis for effective judicial protection internally and potentially extending its reach internationally. From this standpoint, judicialization becomes a compelling strategy for promoting a rules-based, procedurally just, and legalized reorientation of other legal regimes. Regarding the investment arbitration system, this strategy hol
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Tweeddale, Andrew, and Keren Tweeddale. "The Role of the Arbitral Tribunal." In Arbitration of Commercial Disputes. Oxford University PressOxford, 2005. http://dx.doi.org/10.1093/oso/9780199265404.003.0023.

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Abstract The role and function of the arbitral tribunal is to determine the dispute between the parties based on the evidence and facts that are submitted to it in a judicial, fair and impartial manner. In this respect the function of the arbitral tribunal is similar to that of a judge. However, unlike a judge, the jurisdiction of the arbitral tribunal arises solely from the parties’ arbitration agreement and not from the State. The arbitral tribunal cannot exceed the authority given to it by the parties and it is the right of the parties to decide how their dispute should be resolved.1 The Ar
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Conference papers on the topic "Impartial arbitrator"

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Topaloğlu, Mustafa. "Arbitral Awards Under ISTAC Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2021. http://dx.doi.org/10.36880/c13.02580.

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Arbitration is a well-established and widely used method of resolution of disputes outside the state courts. There are various arbitration centers around the world. The Istanbul Arbitration Centre ISTAC is an independent, neutral and impartial institution providing efficient dispute resolution services for both international and domestic parties. The arbitral awards rendered under ISTAC Arbitration Rules are subject to enforcement by officers just as court decisions. ISTAC arbitration proceeding is carried out by The Sole Arbitrator or Arbitral Tribunal which consist of President and other arb
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Kačevska, Inga, and Aleksandrs Fillers. "Privātautonomijas ierobežojumi starptautiskajās privāttiesībās: Šķīrējtiesu likuma kontekstā." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.22.

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Party autonomy is one of the pillars of arbitration. Throughout the world, arbitration laws typically aim to provide parties with extensive freedom to tailor arbitration procedure to their specific dispute. The Arbitration Law of Latvia radically diverges from this model, as its rules significantly and disproportionally restrict party autonomy. The most notable deviation pertains to the selection of arbitrators. All the permanent arbitration institutions in Latvia must maintain a mandatory list of arbitrators. Parties are only permitted to select arbitrators from those lists. The authors argue
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Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that
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Budevici-Puiu, Liliana, and Ruslan Berzoi. "Specificity of arbitration in sports law." In The International Scientific Congress "Sports. Olimpysm. Health". SOH 2023. 8th Edition. The State University of Physical Education and Sport, 2025. https://doi.org/10.52449/soh23.09.

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Sport represents a social and economic phenomenon in continuous development, with an important contribution to the fulfillment of national strategic objectives, especially those regarding solidarity and prosperity. Being a dynamic sector in continuous growth, with a macro economic impact, however underestimated, sport can contribute to economic sustainability and job creation, thus serving as a tool for local and regional development, including urban or rural regeneration. At the same time, an increasing part of the economic value of sport is related to intellectual property rights, namely cop
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Jayamaha, Samurdhi, and Kushanthi Harasgama. "Third-Party Financing in Investor-State Dispute Settlement: For Better or for Worse?" In SLIIT International Conference on Advancements in Sciences and Humanities 2023. Faculty of Humanities and Sciences, SLIIT, 2023. http://dx.doi.org/10.54389/ghuk3926.

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The proliferation of international investments during the past few decades has contributed to the rise in the number of disputes that are submitted to Investor-State Dispute Settlement forums. Concomitantly, the criticisms of the conventional ISDS have also increased. Critics often refer to certain inherent flaws in the system inter alia the involvement of third-party financing for ISDS cases. With the growing costs and the significant interests involved in investment disputes, ‘investment claims’ themselves have emerged as a new class of assets that international actors pursue. In such circum
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