Procedural and Ethical Dimensions of Independence and Impartiality in International Commercial Arbitration – Do the ‘IBA Guidelines on Conflicts of Interest’ Stand Credible?

Independence and impartiality of an arbitrator are the hallmarks of any arbitration proceeding. The efficacy of the arbitration procedure is rooted in the quality of the arbitrators. However, in the multidimensional scope of international commercial arbitrators, often partisan tendencies arise, leading to 'conflicts of interest' in the arbitral procedure. In this regard, the International Bar Association (IBA) has coined the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration, serving as a soft law instrument to examine potential circumstances leading to conflicts of interest. Furthermore, the paper dwells on the applicability of the said IBA Guidelines to harmonize standards safeguarding the independence and impartiality of the arbitrators. In conclusion, the author seeks to illustrate the notions of independence and impartiality in international commercial arbitration and best practices that cater to them through this paper.