The Impartiality and Independence Of Arbitrators and its Implication on The Validity Of Arbitral Awards*



I Ketut Dharma Putra Yoga(1*)

(1) 
(*) Corresponding Author

Abstract


Arbitration is a way to resolve disputes outside the courts as a form of an alternative dispute resolution. The submitted dispute will be decided by one or more arbitrators, who will then render an arbitral award. One of the most fundamental principles of arbitration that must be adhered to by all arbitrators worldwide is the impartiality and independence of arbitrators, which have been regulated in various international laws. Arbitrators are not allowed to communicate with any party related to the case they are hearing. Further, arbitrators should not be influenced by others in making their decision and drafting the arbitral award to ensure objectivity and prevent any bias. An arbitrator’s failure to act impartial and independent can lead to the invalidity or annulment of an arbitral award.


Keywords


Arbitration, Arbitral Awards, Impartiality and Independece of Arbitrators

Full Text:

PDF




Article Metrics

Abstract views : 275 | views : 223

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.


This work is licensed under a Creative Commons Attribution 4.0 International License.

Readers of Juris Gentium Law Review

Copyright © 2020 Juris Gentium Law Review. All rights reserved.