Arbitration's Discontents: Between the Pernicious and the Precarious

Abstract

Arbitration has become a victim of its own success, as its wider use has triggered a flood of doubt, disapproval and denunciation. In consequence, higher visibility for arbitral proceedings and awards has led to increased criticism, both just and unjust, with respect to arbitrator independence and impartiality. A robust dispute resolution process requires balance between fairness and efficiency, keeping arbitrators free from taint while at the same time reducing the prospect of dilatory tactics aimed at sabotaging proceedings. If litigants hope to have their disputes resolved by intelligent and experienced individuals, criteria for arbitrator impartiality and independence will need to be implemented with sensitivity to nuanced and complex fact patterns.

Keywords: arbitratration, international arbitration, domestic arbitration, arbitrator bias, arbitratral ethics, transnational arbitral standards, realistic and unrealistic ethical standards, arbitration's legal framework

JEL Classification: K33, K39