The Independence and Impartiality of Arbitrators in International Commercial Arbitration

Abstract

Arbitration is the method of solving the dispute without any interference of the court. It is a quasi-judicial proceeding. With the expansion of globalization the inter state commercial transaction took place and in that process some time there may be a conflict between the parties. The international commercial arbitration provides an alternative dispute resolution to the parties in case of dispute. In the Arbitral proceeding the arbitrator acts like a judge and for the effective award he should be independent and impartial so that the award can not challenge on the ground of independence and impartiality.This paper is an attempt to understand the concept of independence and impartiality as well as to examine various international law.

Keywords: ICC, IBA, UNCITRAL Model Law, Independence and Impartiality