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Paper Information

Journal:   JOURNAL OF LAW AND POLITICS   summer 2018 , Volume 14 , Number 36 ; Page(s) 29 To 50.

A comparative study of the Independence and Impartiality of Party-Appointed Arbitrator

Author(s):  Bathaie Seyyed Farhad, Bahmaei Mohamad Ali, JONEIDI LAYA, Shams Abdollah*
* Shahid Beheshti University
Arbitration as a parallel way of trial with state courts, is universally accepted. In this method of proceeding nomination of an arbitrator by either party has long been a common practice. However, the exclusive role of the will of each party in choosing an arbitrator constituting this confusion that the arbitrator appointed by each of the parties, which Article 459 of the civil procedure law of Iran define as partyappointed arbitrator, is the representative of the party who elected him and to set forth the fundamental question of whether independence and impart iality duties apply to the co arbitrator? By reviewing the features of arbitral tribunal it seems that the use the name of mandatory or representative on the party appointed arbitrator is by no ways in conformity to the arbitrator's function in arbitration, resulting in challenges to the necessity of his/her independence and impartiality. These elements attempt to limit the parties' free will into appointing and removing arbitrators as well as carrying legal procedures. After examining the stances of the most important legal systems on the subject, this article tries to analyze the scope of the duty of independence and impartiality on party-appointed arbitrators in order to specify their true positions and distinguishing them from any other similar institutions.
Keyword(s): party-appointed arbitrator,arbitrators' independence,arbitrators' impartiality,umpire,neutral arbitrator
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