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THE INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN ARBITRATION

Authors: Indu Tarmali;

THE INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN ARBITRATION

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.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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