Journal Name:
- Annales de la Faculté de Droit d’Istanbul
| Author Name | University of Author | Faculty of Author |
|---|---|---|
Abstract (2. Language):
In the last century, arbitration has become an important method
to resolve the disputes arising from international commercial disputes.
Therefore many rules have been developed by different institutions or
from different countries to enable to resolve the disputes in the most
competent manner. To achieve this goal, the role of the arbitrators is
undeniable.
When it is looked at the different rules of the arbitral bodies such
as International Chamber of Commerce Arbitration Rules, it can be
clearly observed that while the court or institution is either choosing or
confirming arbitrators, there are some qualifications they are looking
for. The main problem is the question of who may be disqualified from
acting as an arbitrator. There can be three headings (1) disqualification
due to illegality or lack of capacity; (2) disqualification due to interest
and disposition and (3) conventional disqualification2. In this essay we
will discuss the second point. While discussing the independence and
impartiality of the arbitrators, it will also be considered the impartiality
of the party-appointed arbitrators.
Finally, it will be discussed the consequences if the arbitrators are
not impartial or independent, that is, to challenge the arbitrators.
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FULL TEXT (PDF):
- 58
139-161