1. De bevoor(oor)deelde arbiter: een onderzoek naar de verplichting tot arbitrale onafhankelijkheid en onpartijdigheid
- Author
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Ribbers, P.L.F., Snijders, H.J., Krans, H.B., Koppenol-Laforce, M.E., Haersolte-van Hof, J.J. van, Meijer, G.J., Zelst, B. van, and Leiden University
- Subjects
Impartiality ,Annulment ,Arbitration ,Arbitrator ,Waiver ,Disclosure ,Challenge ,Independence - Abstract
This thesis focuses on the duty of independence and impartiality for arbitrators. The starting point is unambiguous: an arbitrator should be independent and impartial. Less unambiguous is the answer to the question of what this duty of arbitral independence and impartiality entails. This thesis aimed to shed light on this (general) research question.The objective of this doctoral research was twofold. On the one hand, the objective was to gain insight into the way in which the duty of arbitral independence and impartiality is interpreted judicially. To this end, it was examined how the duty is interpreted in arbitration legislation, institutional rules, and (arbitral) court rulings. On the other hand, the objective was to shed light on a number of (open) questions related to the scope of the duty. In this respect, it was examined, among other things, who exactly is subject to the duty, how the duty emerges in arbitration legislation and institutional rules, what the duty aims to achieve, the question from when and to when arbitrators must be independent and impartial, and whether the parties can waive the right to an independent and impartial arbitrator.
- Published
- 2022