Impartiality and bias in arbitration is of significant interest within the international arbitration community. Concern about repeat arbitrators is one facet of the topic, and was the subject of an article published in Volume 25 of Arbitration International in 2009. In reply, this article takes a second look at the institution and effect of repeat arbitrators. It argues, within a framework that attempts to balance the core values of international commercial arbitration, that repeat arbitration is not in and of itself a cause for concern. The commercial realities of international arbitration, and the value to be attributed to party autonomy, are highlighted in a bid to quell fears about the lack of comprehensive definition surrounding applicable disclosure requirements in circumstances of repeat arbitration.
Journal of International Arbitration