Disclosure and Impartiality: An Arbitrator's Responsibility Vis-A-Vis Legal Standards
Article from: TDM 4 (2008), in Arbitrator Bias
In both the United States and England, the courts have generally promoted legal standards that broadly support arbitrators against a challenge from parties questioning their impartiality. In the following article, the author discusses various legal standards on the issues of disclosure and impartiality by examining the relevant case law. He calls for more individual responsibility and less refuge in legal standards on the part of arbitrators. He says that because "independence and impartiality underpin the entire arbitral process," arbitrators and arbitral institutions should be ...