THE INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN ARBITRATION

Authored by Indu Tarmali*

ABSTRACT

The arbitration procedure depends heavily on the arbitrators' impartiality and independence. Arbitration is a good substitute for conventional litigation because arbitrators must be free from any direct or indirect influence that can compromise their capacity to deliver an impartial verdict. The goal of this research is to support a just and efficient conflict resolution process by ensuring the independence and impartiality, which is an essential principle of arbitration. If an arbitrator's decision-making is seen as biased or unfair owing to a lack of independence or impartiality on their side, the legitimacy of the arbitration verdict may be called into doubt. This violates the goal of arbitration as an effective and affordable substitute for litigation and may result in higher expenses, delays, or even the necessity for the parties to seek conventional litigation to settle their dispute. A doctrinal research design with an analytical approach has been adopted to focus on one of the main challenges in arbitration: its essentiality in maintaining the integrity and legitimacy of the arbitration process as well as ensuring that the final arbitral award is fair and just.

Key Words: Arbitration, Arbitrator, Impartiality, Independence, Arbitral Award

Publication date and year: March, 2023

DOI Link: https://doi.org/10.59126/v2i3a12

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Preferred Citation: Indu Tarmali, THE INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN ARBITRATION, Page no. 167-186, Vol. II-III, (2023).

* Upcoming Law Student, WBNUJS-Kolkata, available at tarmaliindu150@gmail.com