Is Arbitrator Independence at Risk? Geopolitics, Social Media, and the Future of Neutrality
Curated conversation
Arbitrator independence and impartiality is central to arbitration. In the current geopolitical turbulence, the question arises whether independence and impartiality also require neutrality in a broader sense. For example, can an US arbitrator be considered independent and impartial in a dispute involving an Iranian party or a Russian arbitrator be considered independent and impartial in relation to a Ukrainian party? What is the currently prevailing view and are there reasons to adapt it? Is the test different for party-appointed arbitrators and chairpersons? What is the role and responsibilities of arbitral institutions?