Independence and Impartiality of Arbitrators in International Arbitration: Problems and Possible Solutions

The dissertation is devoted to the independence and impartiality of arbitrators in international arbitration and presents a detailed study of the current and proposed mechanisms ensuring the tribunal’s independence and impartiality. The dissertation is divided into three chapters. The first chapter gives an overview of the existing framework, defines independence and impartiality as well as other related concepts. The second chapter focuses on four specific problems of the international arbitration system which attract most criticism. These are party appointment of arbitrators, issue conflict and double hatting, third-party funding and absence of clear uniform rules regulating independence and impartiality of international arbitrators. The third chapter comments on the possible solutions to the mentioned problems. After examining case law and commentaries, the author came to the conclusion that only clear and uniform procedural rules regulating selection, appointment and challenge of arbitrators may increase the legitimacy of the arbitral proceedings and eliminate risks associated with the party appointment of arbitrators. Possible solutions to the mentioned problems include a shift towards greater transparency in international arbitration, harmonization of the applicable rules as well as greater intervention of arbitral institutions and courts in the arbitral procedure.