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2 - Independence and Impartiality of Arbitrators

from Part I - Vacating Commercial Arbitration Awards

Published online by Cambridge University Press:  08 October 2020

Larry A. DiMatteo
Affiliation:
University of Florida
Marta Infantino
Affiliation:
University of Trieste
Nathalie M-P Potin
Affiliation:
Lyon Catholic University
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Summary

Nevertheless, it is impracticable to expect absolute independence and impartiality. Human beings by nature establish relationships at different levels with people, places, things, and ideas, and because of this, biases are inevitable. Conflicts of interest are a changing reality because economic, social, professional, and human relationships are mutable – that is, they are permanently changing.6 The independence and impartiality of arbitrators are issues linked to the intensity of relationships and other types of nuances.7 As the poet Antonio Machado stated, “The best among the good ones is that one who knows that everything in life is a matter of measure: a little bit more, something less.”8

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Publisher: Cambridge University Press
Print publication year: 2020

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