Independence and Impartiality in International Commercial Arbitration

Beimel, Ilka Hanna. Independence and Impartiality in International Commercial Arbitration. 2021, Doctoral Thesis, University of Basel, Faculty of Law.


Official URL: https://edoc.unibas.ch/87369/

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Independence and impartiality are key to any judicial process. The dualistic nature of arbitration, i.e., being judicial and contractual, raises the question of how to set the standard of independence and impartiality in arbitration. On the one hand, arbitrators are decision makers similar to judges. On the other hand, they solve disputes outside the courtroom and are (often) appointed by the parties due to their individual expertise.
Against this backdrop, this book analyses the state of play of independence and impartiality. It provides an overview of the current status of independence and impartiality applied in international commercial arbitration, focusing on case law from France, Germany, Switzerland, the United Kingdom, and the United States. The core themes are possible grounds for finding dependence and partiality and their streamline in theoretical standards of independence and impartiality. Additionally, consequences of independence and impartiality are addressed, including the obligation to disclose.
This book is useful for practitioners and scholars alike. It may help counsels preparing a challenge, arbitrators defining their obligation to disclose, and scholars analysing independence and impartiality on a more general basis.
Advisors:Schwenzer, Ingeborg and Schroeter, Ulrich G.
Faculties and Departments:02 Faculty of Law > Departement Rechtswissenschaften > Ehemalige Einheiten Rechtswissenschaften > Ordinariat Privatrecht, Rechtsvergleichung, internationales Handels- und Schiedsrecht (Schwenzer)
UniBasel Contributors:Schwenzer, Ingeborg
Item Type:Thesis
Thesis Subtype:Doctoral Thesis
Thesis no:14320
Thesis status:Complete
Number of Pages:xix, 334
Identification Number:
  • urn: urn:nbn:ch:bel-bau-diss143203
edoc DOI:
Last Modified:04 Nov 2022 05:30
Deposited On:03 Nov 2022 07:39

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