Summary

When an arbitrator in an institutional arbitration is challenged for lacking independence or impartiality, most of the time parties will not be provided a reasoned decision explaining the success or failure of the challenge. Recently, however, the London Court of International Arbitration has published digests of challenge decisions that have been sanitized, that is, the names or other identifying information have been removed. In addition, challenge decisions published in ICSID cases are extensively reasoned, and not sanitized. Reasoned decisions are important and should be ...