The Impartiality And Independence Of Arbitrators

International commercial arbitration has become a leading resolution for international commercial disputes in the pro-arbitration environment. However, there is a fateful issue in the development process of international commercial arbitration -the impartiality and independence of arbitrators. This dissertation tries to discuss the system of arbitrators' impartiality and independence, probe into the safeguards against bias of arbitrators. Besides introduction and conclusion, this dissertation contains four chapters.In the introduction, the dissertation introduces the development of international commercial arbitration and points out the importance of arbitrators' impartiality and independence.Chapter one focuses on the importance of arbitrators. The reputation and acceptability of the arbitral process depends on the quality of the arbitrators, because arbitrators play a decisive role in guaranteeing the procedural and substantial impartiality, and the internationalization of arbitration also requires a higher quality of arbitrators. The most important qualification of arbitrators is impartiality and independence.Chapter two concerns the system of arbitrators' impartiality and independence. The two basic issues are the definition and legislation of impartiality and independence, and the test of impartiality and independence.Chapter three analyzes the facts and circumstances that affect the impartiality and independence of arbitrators, and summarizes the application of the test of impartiality and independence.Chapter four tries to design the system for ensuring the impartiality and independence of arbitrators. Subchapter one and Subchapter two explore the two main safeguard procedures and compare their advantages and disadvantages. On this basis, Subchapter three points out that a higher requirement of arbitrators' qualification should be a premise of avoiding bias of arbitrators.In the conclusion, the author summarizes the core issue of this dissertation, and gives proposals for the designation of the system of impartiality and independence of arbitrators in China.