Procedural and Ethical Dimensions of Independence and Impartiality in International Commercial Arbitration – Do the ‘IBA Guidelines on Conflicts of Interest’ Stand Credible?

  • Dharmil Doshi
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  • Dharmil Doshi

    Student at SVKM’s Pravin Gandhi College of Law, India

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Abstract

Independence and impartiality of an arbitrator are the hallmarks of any arbitration proceeding. The efficacy of the arbitration procedure is rooted in the quality of the arbitrators. However, in the multidimensional scope of international commercial arbitrators, often partisan tendencies arise, leading to 'conflicts of interest' in the arbitral procedure. In this regard, the International Bar Association (IBA) has coined the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration, serving as a soft law instrument to examine potential circumstances leading to conflicts of interest. Furthermore, the paper dwells on the applicability of the said IBA Guidelines to harmonize standards safeguarding the independence and impartiality of the arbitrators. In conclusion, the author seeks to illustrate the notions of independence and impartiality in international commercial arbitration and best practices that cater to them through this paper.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 211 - 223

DOI: https://doij.org/10.10000/IJLMH.112471

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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