Arbitration is increasingly favored for resolving commercial and international disputes due to its private, flexible, and party-driven nature. One of its cornerstone principles is the right of disputing parties to appoint arbitrators of their choosing. However, issues arise when an appointed arbitrator fails to meet expectations of impartiality or competence, necessitating formal challenges during the proceedings. This research examines the mechanisms and legal grounds for challenging arbitrators under key international arbitration frameworks, focusing on maintaining a balance between neutrality and procedural efficiency. Special attention is given to the underrepresentation of women in arbitral appointments and how gender dynamics influence both the selection and challenge of arbitrators. By exploring how biases—implicit or systemic—may affect women arbitrators' participation, the study sheds light on the broader implications for equity and diversity in international arbitration.

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Challenging Arbitrators in International Arbitration: A Gendered Perspective on the Role and Representation of Women

  • Aysha Alsowaidi,
  • Raed Alnimer

摘要

Arbitration is increasingly favored for resolving commercial and international disputes due to its private, flexible, and party-driven nature. One of its cornerstone principles is the right of disputing parties to appoint arbitrators of their choosing. However, issues arise when an appointed arbitrator fails to meet expectations of impartiality or competence, necessitating formal challenges during the proceedings. This research examines the mechanisms and legal grounds for challenging arbitrators under key international arbitration frameworks, focusing on maintaining a balance between neutrality and procedural efficiency. Special attention is given to the underrepresentation of women in arbitral appointments and how gender dynamics influence both the selection and challenge of arbitrators. By exploring how biases—implicit or systemic—may affect women arbitrators' participation, the study sheds light on the broader implications for equity and diversity in international arbitration.