Abstract
Arbitration centers are private organizations formed within Bar Associations and Chambers of Commerce. In much the same way that under certain conditions, judge can be challenged, one of the means to guarantee the impartiality of the arbitration is the disqualification or challenge of arbitrator. It should be noted that disqualification or challenge of arbitrator aims to ensure the competence of arbitrator; however, unfortunately, from time to time it is used for the prolongation of the proceedings or disruption of proceedings; on the other hand it must be remembered that challenge of arbitrator even, if it's not abusive, has impacts on proceedings, so, in parallel with the increasing number of arbitrations in the late 1970s and early 1980s, organizations and institutions including the International Bar Association were formed for the purpose of setting the guidelines and code of conduct for arbitrators. Arbitration centers, in response to the acceleration of claims against competence of arbitrators, required them to make signed statement in writing at the time of acceptance of the arbitration indicating their impartiality and independence and lack of common interests with the parties to the dispute. Such a written guarantee has shown to reduce challenge of arbitrator statistics.
In arbitration, the parties are generally given autonomy regarding the establishment of the arbitral tribunal. There is a certain tension between, the requirement that arbitrators be independent and impartidly, and, the expectation that parties should have considerable autonomy regarding the establishment of the arbitral tribunal. A fundamental feature of independence is that, there should not be a close, substantial, recent and proven relationship between a party and a prospective arbitrator, but the mere fact of a relationship with a party does not necessarily mean that the arbitrator does not possess the required independence and impartiality.
This paper deals primarily with the challenge by a party of an arbitrator, particularly on the basis of an alleged lack of independence or impartiality in the classic tripartite arbitral tribunal. In the first part of this article the author deals with the disclosure of an arbitrator and the objecting to the appointment of an arbitrator before the commencement of the arbitral proceedings. The second part of the article deals with
the objecting to the appointment of an arbitrator during proceedings and recourse after the award has been rendered.
Keywords: judge, arbitration, international arbitration, challenge of arbitrator
Introduction
An important aspect of the criticism of dispute settlement concerns the qualities of arbitrators and their independence and impartiality. The diligence, independence, and impartiality of arbitrators are essential in ensuring the integrity and validity of the arbitral process. Moreover, perceptions are important, particularly at a time when dispute settlement and its main players are under growing public scrutiny.