Independence and Impartiality of Arbitrators and Mediators - The Castor and Pollux of the ADR World?

Abstract

This article address the topic of one of the principal duties of arbitrators - impartiality and independence. It studies the issue from the comparative perspective as it goes through the similar requirements on the side of other ADR professionals - mediators.

The paper compares different legislations dealing with the issue yet it goes also deeper in the philosophical and ethical background of the well established rules.

Keywords

• arbitration
• mediation
• mpartiality of arbitrators
• impartiality of mediators
• independence of arbitrators
• independence of mediators
• institutional rules