The Independence of International Arbitrators and Judges: Tampered with or Well-Tempered?
New York International Law Review, Vol. 24, No 1, pp. 1-48, Winter 2011
48 Pages Posted: 28 Aug 2012
Date Written: March 18, 2011
Since the 18th century, international law has recognized the ancient principle that one cannot be a judge in one's own cause. As international tribunals grow in importance they are increasingly pushed toward legalization and institutionalization. This paper explores the relationship between the principle of judicial independence developed within the Western constitutional tradition and the evolving understandings concerning the impartiality and independence of international arbitrators and judges.
Keywords: Judicial Independence, Independence, Impartiality, Bias, Arbitrators, Arbitral Tribunals, Arbitral Independence, Challenge, Recusation, International Tribunal, Party Appointment, Party-Appointed Arbitrators
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