CERTAIN ISSUES OF INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN COMMERCIAL ARBITRATION

Abstract

The article analyzes the manner and characteristics of challenging an arbitrator in the course of arbitral proceedings, as well as explores the possibilities of setting aside the award or refusing its recognition and enforcement for the lack of arbitrator’s independence, impartiality, and/or non-compliance with the qualification requirements agreed to by the disputing parties. It ultimately suggests that in case of justifiable doubts as to the impartiality and independence of an arbitrator or the latter’s non-compliance with the qualification requirements agreed to by the disputing parties, the interested party should raise the issue and remove the arbitrator from the proceeding at the earliest possibility by way of challenging the arbitrator. In the event the arbitration has concluded and an award has been rendered, the interested party should seek to set aside the award. Meanwhile, the high threshold for refusing the recognition and enforcement of an award on the above-mentioned grounds makes the action impracticable.