Independence And Impartiality Of Arbitrators In International Commercial Arbitration

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Sachin Kumar Yadav LL.M Dr. Harisingh Gour Central University Sagar M.P

Prachi Yadav LL.M Dr. Harisingh Gour Central University Sagar M.P

ABSTRACT

Independence and impartiality of arbitrators form the cornerstone of international commercial arbitration. The credibility, fairness, and enforceability of arbitral awards depend upon the confidence of parties in the neutrality of the arbitral tribunal. With the expansion of global commerce and increasing reliance on arbitration as a dispute resolution mechanism, concerns relating to arbitrator bias, conflict of interest, and lack of disclosure have become prominent. This paper examines the conceptual framework of independence and impartiality, analyses international legal instruments and institutional rules governing arbitrator neutrality, and evaluates judicial approaches across jurisdictions. The study highlights practical challenges such as repeat appointments and party-appointed arbitrators and suggests reforms to strengthen transparency and uniformity in international arbitration.

Keywords: International Commercial Arbitration, Arbitrator Independence, Impartiality, Bias, Disclosure, Conflict of Interest

INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN INTERNATIONAL COMMERCIAL ARBITRATION.pdf

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