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International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 5 No. I (2022)pp. 211–223

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

DD
Dharmil DoshiStudent at SVKM’s Pravin Gandhi College of Law, India
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Published 9 January 2022 · pp. 211–223 · Vol. 5 No. I (2022)
Abstract

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.

Keywords
ArbitrationIBA GuidelinesConflict of InterestIndependenceImpartialityNeutrality

How to cite

Dharmil Doshi, Procedural and Ethical Dimensions of Independence and Impartiality in International Commercial Arbitration – Do the ‘IBA Guidelines on Conflicts of Interest’ Stand Credible?, 5 Int'l J. L. Mgmt. & Human. 211 (2022).

Cite this article

Dharmil Doshi, Procedural and Ethical Dimensions of Independence and Impartiality in International Commercial Arbitration – Do the ‘IBA Guidelines on Conflicts of Interest’ Stand Credible?, 5 Int'l J. L. Mgmt. & Human. 211 (2022).
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