Independence and Impartiality

54 articles available

The recent public hearing at the Court of Arbitration for Sport (‘CAS’) involving the World Anti-Doping Agency (‘WADA’) on one side, and the Chinese swimmer Sun Yang and the Federation Internationale…

Arbitrators and tribunal-appointed experts are at all times obliged to disclose any and all circumstances that might give rise to doubts as to their impartiality and independence. This is one of the…

The ICSID Rules Amendment Project Marking the latest step in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third…

The arbitrator's duty of disclosure is often subject to misunderstandings, particularly in regards to its content and scope, as well as its relationship with the independence and impartiality of the…

Independence and impartiality of arbitrators are the hallmarks of arbitration. The amendments to the Arbitration and Conciliation Act 1996 (“Act”) in 2015, which adopted the international best…

Comments on the Decision of the Paris Court of Appeal Dated 27 March 2018  Neither the author nor Schellenberg Wittmer was personally involved in any of the cases mentioned in this blog, and all…

Independence and impartiality of an arbitrator form the bedrock of effective and fair legal proceeding. However, there are many requisites to an impartial tribunal such as fair and timely disclosures…

Introduction Currently, social network trends are focused on consumer markets, such as the fashion or food industry. The uninterrupted use of smart phones, computers, tablets, Ipod´s, etc. with…

The IBA Guidelines on Conflict of Interest in International Arbitration (hereafter, Guidelines) have gained widespread legitimacy across jurisdictions and types of arbitrations. The Guidelines lay…