| dc.description.abstract | International commercial arbitration lacks any universally recognized standard-setting
body. Equally, no arbitral sets of worldwide etiquette rules nor any statutes and conventions
containing any specific exist - other than general principles, i.e. that arbitrators must be free
of bias, respect the limits of their authority and give each side an opportunity to present its
case - and arbitral institutions leave arbitrators wide discretion in establishing facts and
interpreting contracts. On the other hand, in order for a practice to qualify as biased or
abusive, some contemplation of alternatives are required. However, most often, perceptions of
abuse rest on cultural assumptions about the baselines and yardsticks that measure “normal
procedure”.
This paper examines the issues and parameters entailed in the notions of impartiality
and independence of arbitrators so as to denote the extent of the definition of their potential
bias. It also critically assesses the 2014 IBA Guidelines on Conflicts of Interest in International
Arbitration and draws conclusions on the issue of bias of arbitrators in international
commercial arbitration in the light of recent case law which is analysed as well as in the light
of comparative analysis of the position in other jurisdictions (USA, France, Italy, Australia,
Canada). | en_GB |
