The Impact Of An Arbitrator’s Nationality On The Enforcement Of Arbitral Award: Grounds For Refusal And Jurisprudence
- IJLLR Journal
- Feb 20
- 1 min read
Tanya Arya, B.A. LL.B., Vivekananda Institute of Professional Studies, Guru Gobind Singh, IPU, New Delhi
ABSTRACT
The nationality of an arbitrator, while not exncipllicitly listed as a ground for refusal of enforcement riunder the New York Convention,1958, plays a significant role in shaping perceptions of impartiality and fairness in international arbitration. This essay explores the intersection of an arbitrator’s nationality with principles of neutrality, procedural fairness, and tribunal composition, analysing how it may influence the enforcement of arbitral awards. Various arbitration rules, including those of HKIAC, DIAC, ICC, LCIA, and ICSID, acknowledge the importance of considering nationality to ensure impartial decision-making.
Judicial approaches to nationality-based challenges remain fact-specific, as evidenced by contrasting court rulings. While some courts have refused enforcement due to concerns over the arbitrator’s nationality and perceived bias, others have upheld enforcement, emphasizing that nationality alone is insufficient to establish procedural unfairness. Case studies from Russian and Turkish courts highlight the varying judicial interpretations of nationality as a potential ground for non-enforcement.
Ultimately, this paper argues that while nationality should not inherently disqualify an arbitrator, it can become a relevant factor when combined with procedural irregularities or demonstrated bias. The increasing diversification of arbitrator appointments and institutional safeguards against conflicts of interest are expected to mitigate concerns related to nationality, thereby strengthening confidence in arbitration as a neutral and effective dispute resolution mechanism.
