Impartiality and independence: fundamental and fluid

Arbitration International, vol. 37, pp. 599–611

Abstract

Abstract In this article, the author discusses the paradox between the fundamentality of arbitrator impartiality and independence and the fluidity of the applicable norms. These norms differ over time and place, and vary depending on the type of arbitration, the stage of the proceedings and the applicable rules and laws. While standards applicable to judges have some relevance for this discussion, they cannot be equated with the standards for arbitrators. The recent English Supreme Court decision in Halliburton v Chubb is used to illustrate various aspects of the discussion.

Authors 1

1. J. J. van Haersolte-van Hof corresponding Aachen Professor of Civil Law

   Leiden University

   Affiliation as printed

   Director-General, London Court of International Arbitration; Professor of Civil Law, Leiden University

   Professor of Civil Law, Leiden University