Revista Brasileira de Arbitragem

Volume 7 (2010)

Volume 7 (2010) / Issue 25

António Pinto Leite, 'Independência, Imparcialidade e Suspeição de Árbitro' (2010) 7 Revista Brasileira de Arbitragem, Issue 25, pp. 104–118

Abstract

ABSTRACT: The independence and impartiality of arbitrators is of the essence in the development of international trade arbitration. The fact that parties may appoint non-neutral arbitrators has given rise to negative reactions within the international arbitration community. However, there are some questions that need to be considered, namely: the non-neutrality of party-appointed arbitrators and the presiding arbitrator's role ensuring fair trial, tacit acceptance by one party of the non-neutrality of the arbitrator appointed by the other party and the motion of suspicion on the arbitrator within such context, the contractual nature of arbitration and the appointed arbitrators' disclosure duties, the criteria to appraise the arbitrator's subjective impartiality and the principle of good faith, the partyappointed arbitrator's role of cultural translation within international arbitration and the party's possible research duties on the independence of the arbitrator appointed by the other party.

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ISSN: 1806-809X
ID: RBA2010006