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ARTICLE · 21 MARCH 2019

Challenging Arbitrators For Lack Of Independence Or Impartiality - Procedural Pitfalls From A Swiss Perspective

Bär & Karrer Ltd.
Bär & Karrer Ltd.
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Bär & Karrer Ltd.

Bär & Karrer Ltd.

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The right of parties to an independent and impartial arbitral tribunal has not lost any topicality. Indeed, the sensitivity around the issue ...

SwitzerlandLitigation, Mediation & Arbitration

I. Introduction

The right of parties to an independent and impartial arbitral tribunal has not lost any topicality. Indeed, the sensitivity around the issue of arbitrators' independence and impartiality appears to have increased in recent years. In particular, arbitral institutions such as the International Court of Arbitration of the International Chamber of Commerce (ICC) require a high (if not increasing) degree of transparency from arbitrators and are quite prepared to refuse their appointment or to approve challenges of arbitrators on the grounds of lack of independence and impartiality.1

This contribution will highlight procedural pitfalls from a Swiss perspective when challenging arbitrators in international arbitration proceedings. In a decision rendered in April 2018, the Swiss Federal Supreme Court rejected a request for the setting aside of a final award as belated, because the requesting party (instead of seeking the setting aside of the final award)

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