In Re (#10 October 2014)

Challenge of the Arbitrator on the Grounds of Nationality: Shift in the ICAC Approach Needed

by Daniyil E. Fedorchuk

International arbitration is based on the fundamental idea of independence and impartiality of the arbitrators settling disputes between companies originating from different states in a neutral forum. For this purpose, the parties are free to appoint arbitrators among specialists of any nationality (of course, subject to the requirement of proficiency in a language of arbitral proceedings). At the same time, arbitrators are expected to be free from any conflict of interests and remain independent of the parties, their counsels and not be reasonably engaged in the dispute in any way beyond their role as arbitrators...

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