Grounds of the Challenge of Arbitrators: The Difference between Independence and Impartiality

The importance of arbitration as an alternative method for resolving commercial and investment disputes is increasing day by day. The effectiveness of arbitration and the enhancement of the litigants’ confidence in the arbitral process depend mainly on the fairness, integrity and quality of the arbitrators. Maintaining this effectiveness requires an effective methodology that guarantees the integrity (independence and impartiality) of arbitrators. Most national laws and international agreements stipulate that the lack of impartiality and independence of arbitrators is a reason to challenge them. A large number of national and international legislations use both terms, impartiality and independence, to express the same connotation, while the two terms are not identical in semantics. The present paper examines the difference between impartiality and independence and what is the impact of this difference on the process of challenging arbitrators and on the level of evidence.