The Impartiality Test: How Unbiased Can An Arbitrator Truly Be?

"It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done"¹, Lord Hewart said and made history.

How unbiased can an arbitrator truly be? This note showcases the tests and challenges of impartiality in arbitration. The "Impartiality Test", known to verify an arbitrator's independence, is primarily used in international arbitration. It establishes an arbitration's fair and independent resolution, overlooking individual motives, marks of favouritism, and other challenges of our societies.

Approaches on Impartiality

Impartiality, as defined in the Oxford English Dictionary, is "freedom from prejudice or bias; fairness".