ABSTRACT

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The Arbitrators’ Duty to disclose and the Parties’ Duty to Investigate: What are the Safeguard Mechanisms to ensure the Independence and Impartiality of Arbitrators?

Author: Astrid WESTPHALEN et Vincent CARRIOU

Type: Article

ref: 62018543-556

N0:6 of 2018

Pages: 543-556

“independence of the arbitrator comes from the essence of its judicial function. On the one hand, he reaches a judge’s status, exclusive by nature of any dependence, notably on the parties. On the other hand, the circumstances invoked to challenge the arbitrator’s independence must constitute, through the existence of material or intellectual connections, a situation that could potentially influence the arbitrator’s decisions posing a risk of prevention towards a disputing party.”