In recent years the international arbitration community seems to be obsessed with the issue of arbitrator impartiality, independence and bias. The 2004 IBA Guidelines were followed by the LCIA’s 2006 Special Report and Decision to Publish challenge determinations, followed in 2007 by the ICC Bulletin Special Supplement, and most recently by TDM’s 2008 Special Issue…
In its decision of 6 October 2008 (5A_201/2008), the Swiss Federal Supreme Court had another opportunity to address its practice regarding conflicts of interests of part-time judges and arbitrators. It had stated in earlier decisions that a judge is deemed to be biased if he or she acts or recently acted as counsel for one…
The Kluwer Arbitration Blog is a project that has been in the works for months, and we are excited about what the future holds for this new venture. As the managing editor of this new blog, I wanted to offer a few quick thoughts about the nature of international arbitration and why I think the…
