01
Mar
2019

Conflicts of Interest In Arbitration - Applicable Principles

LexisNexis

 Share  print   Print        Download PDF

PUBLISHED ON: March 1, 2019

What are the general principles of fairness, impartiality, and independence?

A cornerstone of procedural fairness is the impartiality and independence of the decision-maker and this is as fundamental an ingredient of arbitration as it is of litigation. It is reflected both in domestic arbitration laws (see, for example, the general duty of the arbitrator in section 33 of the Arbitration Act 1996 (AA 1996) to act fairly and impartially) and in international institutional rules, e.g. the London Court of International Arbitration (LCIA) Rules, Article 5.3 (LCIA, Art 5.3).

Read more:  Conflicts of Interest In Arbitration - Applicable Principles