Arbitrators' Bias Because of Previous Appointments: A Civil Law Perspective
Article from: TDM 4 (2008), in Arbitrator Bias
Introduction
As the arbitrator's task consists in essence of judging the claims the parties entrusted him with, it is hardly surprising that his neutrality is an essential feature for both legislators as well as the parties involved. While different arbitration laws and statutes may contain a different terminology to impose such neutrality,[1] this discussion is generally more formal than substantial.[2] Indeed, regardless of their wording, a double requirement of neutrality is generally required: On the one hand, an objective one, referring to the fact that an arbitrator must ...