Challenges On Neutrality On Arbitral Tribunals

Arisha Khan, BA., L.L.B (H), Amity Law School, Noida

ABSTRACT

Arbitration is a confidential procedure that parties can use instead of going to court to resolve their disagreements. It is a process of resolving disputes through private companies called ‘arbitral tribunals’. An arbitral tribunal is a group of one or maybe more adjudicators who are called together to decide upon a dispute through arbitration. The tribunal may be made up of a single arbitrator or two or more arbitrators.

According to the Arbitration and Conciliation Act 1996, the parties under a dispute are free to decide their choice of arbitrator though both parties need to mutually agree upon the choice of arbitrator or arbitrators. The parties to the dispute must choose an arbitrator, which is the most essential and difficult step in the arbitration process. The council selects arbitrators after conducting careful and thorough research. It is necessary that the parties appoint an arbitrator who is qualified, skilled, independent, impartial, neutral, and capable of working quickly. The arbitrators’ abilities and arbitral skills can have a significant impact on the arbitration's resolution, as well as the award and its execution. The arbitrator will have the authority to decide both significant and procedural matters in the parties' disagreement during the arbitration process. Every arbitration proceeding’s success depends heavily on the quality and ability of the arbitrators.

Thus, it is very important for the arbitrator or the arbitral tribunal to be neutral and unbiased for the decision to be accurate and firm. This article, therefore, will be focusing upon the challenges on the neutrality of the arbitral tribunals during arbitration proceedings.

Keywords: Arbitration, resolution, disputes, arbitral tribunal, independent, impartial, neutral, arbitral skills, authority.