Part I Commentary on the ICDR International Rules, 13 Article 13—Impartiality and Independence of Arbitrator
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
This chapter explores Article 13, which requires that arbitrators in ICDR disputes shall be impartial and independent. The importance of impartiality and independence is significant. These notions affect the very core of arbitration, including the selection of arbitrators and the subsequent process for challenging arbitrators, and even provide a potential basis for seeking to annul the resulting award. To assess an arbitrator’s independence and impartiality, Article 13 requires broad and continuous disclosure—‘at any stage during the arbitration’—which also allows the parties to determine whether they wish to challenge a named arbitrator using the procedure set out in Article 14. Ultimately, the requirements of impartiality and independence seek to ensure the integrity of the arbitral process and emanate from the arbitrators’ judicial function in resolving the dispute.