Challenge to arbitrator's appointment pursuant to article 10.4 of the LCIA Rules based on article 6.1 (a sole arbitrator shall not have the same nationality as any party) and article 5.3 (a declaration of any circumstances likely to give rise to any justified doubts as to an arbitrator's impartiality or independence)

摘要

Unless an arbitrator's connections to a particular country are so close that his technical nationality does not ensure neutrality, he will not be deemed a de facto national of that country. Further, disclosure within the meaning of article 5.3 of the LCIA Rules relates only to facts of the arbitrator's background. When a party is asserting a lack of disclosure by an arbitrator, it is essential to connect it to a particular criterion of unfitness.