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)