City Research Online

Abstract

The process of arbitration is shrouded in secrecy and mystery for the non-participants. Consequently, it has come under heavy fire for the lack of transparency the system entails, especially in respect of the appointment of arbitrators. Rules around their duties of disclosure are therefore of critical importance, in particular to ensure just and effective dispute resolution, and so that disputants have complete faith in the process. Only then will legitimacy concerns be fully eradicated. This article, adopting an interdisciplinary approach by seeking inspiration and steer from the works of the great eastern philosopher Rumi, considers the shortcomings of the near universal, objective legal test in respect of the duty of disclosure by arbitrators, and queries whether such serve the legitimate expectations of the disputants, the enablers and ultimate users of the process. The article concludes by advocating in favour of a hybrid test, encompassing both objective and subjective considerations.

Publication Type:	Article
Additional Information:	This is a pre-copyedited, author-produced version of an article accepted for publication in International Trade Law & Regulation following peer review. The definitive published version Gultutan, D. A. (2024). “Appear as you are or be as you appear”: Sound advice to arbitrators considering independence and impartiality disclosures? A comparative analysis advocating for uniformity and addressing participants’ legitimate expectations. International Trade Law and Regulation, 30(3), pp. 133-154. is available online on Westlaw UK.
Subjects:	K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

Export

Downloads