Commentary

28.2 Circumstances exist giving rise to justifiable doubts as to arbitrator’s impartiality

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

28.2 Circumstances exist giving rise to justifiable doubts as to arbitrator’s impartiality

| Commentary

28.2 Circumstances exist giving rise to justifiable doubts as to arbitrator’s impartiality1

The vast majority of attempted challenges are brought under this ground. Impartiality is not defined in the Arbitration Act 1996, but is generally understood to concern an arbitrator’s state of mind: whether he is biased, either in favour of one of the parties or in relation to one or more of the issues in dispute2. This is not to be confused with independence, which concerns the relationship between an arbitrator and one of the parties. The Arbitration Act 1996 refers only to impartiality: lack of independence alone is

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