INDEPENDENCE, IMPARTIALITY, AND IMMUNITY OF ARBITRATORS-US AND ENGLISH PERSPECTIVES

摘要

In the field of international commercial arbitration, an issue that is fundamental to the arbitral process is preserving the independence and impartiality of the arbitrators. Independence and impartiality are two different concepts. The terms are not interchangeable but are often used interchangeably. It is possible to distinguish between independence and impartiality, for example, 'An impartial arbitrator, by definition, is one who is not biased in favour of, or prejudiced against, a particular party or its case, while an independent arbitrator is one who has no close relationship - financial, professional, or personal - with a party or its counsel.