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ARTICLE · 21 MAY 2020

Nationality Versus Neutrality Conundrum In International Arbitration

The choice of arbitrator selection is a significant feature of arbitration and the freedom to do so goes at the heart of party autonomy.

GlobalLitigation, Mediation & Arbitration

I. Introduction

The choice of arbitrator selection is a significant feature of arbitration and the freedom to do so goes at the heart of party autonomy. It is also a settled principle of international arbitration that the arbitrator appointed to decide a dispute ought to be neutral, independent and impartial. However, these three cardinal tenets of fairness suffer from a lack of defined standard in arbitration legislations and institutional rules. A discussion on the relevance of 'nationality' of the arbitrator as a parameter of defining neutrality, necessitates giving due regard to all perspectives. The practice of equating neutrality with nationality could also potentially compromise the essential qualities of qualification, experience and integrity in an arbitrator and thus making nationality the base of neutrality and impartiality could be questionable on several counts in the absence of definitive standards.

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