Ensuring Fairness in International Arbitration: Legal Frameworks and Challenges in Arbitrator Disqualification
摘要
Challenge and disqualification of arbitrators in international arbitration are critical mechanisms that ensure arbitration proceedings’ integrity, impartiality, and fairness. As arbitration has increasingly been utilized as a preferred means of settling cross-border commercial and investment disputes, concerns regarding arbitrator bias, conflicts of interest, and procedural fairness have taken center stage. This article examines the legal framework, process, and problems pertaining to the disqualification of arbitrators in various international arbitration systems, including the UNCITRAL Model Law, ICSID Convention, and institutional rules like ICC and LCIA rules. It also addresses current cases and practical implications for parties who seek to challenge arbitrators, noting the conflict between party autonomy and the need for procedural integrity. By analyzing emerging trends and proposed reforms, this study contributes to the discussion of strengthening arbitration's credibility and efficiency in the international community of law.