behzad ghavami

The purpose of arbitration is to resolve a dispute and this brings the arbitration closer to the judiciary, then it creates the impression that the arbitrator must also be subject to the same conditions as are necessary for the judge. These are qualities that are essential to a judge but are optional for the arbitration body, that is, arbitrator or arbitrators appointed by the parties to the dispute. Even if, this feature does not conflict with the “judgmental" feature of arbitration, and the requisiteness of having the character of a judge by the arbitrator, was not called into question, at the very least, it casts doubt on the necessity of the arbitrator's independence and impartiality. Because, generally, the parties to the dispute select persons for arbitration that are somehow related to them. This is more evident in three-person judgments. Because in this type of arbitration, essentially, the parties to the dispute have the full discretion to choose their own arbitrator, and usually, they look for a judgment that has the most affinity, relevance, and affiliation with them. This article by separating the concepts of independence and impartiality will review and analyze the prevailing approach in international arbitration.