Definiton And Reconfiguration On Arbitrator's Impartiality

Independent and impartiality are recognized as fundamentalrequirements of arbitrator's duties, as well as core standard of arbitrator'sconduct. Nevertheless, lacking of reasonable definition of arbitrators'impartiality which is based on the principle of arbitration results in a misuseof judges' impartiality on arbitrators, which more or less loses the efficacy ofcurrent mechanism and limiting the functions of arbitrators as well as thedevelopment of modern arbitration.For this reason, this dissertation is trying to perform a deep andprofound research on arbitrators' impartiality. First of all, it introduces thetheoretical basis of arbitrator's impartiality and its content, as well as somecurrent puzzles in protecting this core value. Secondly, it emphasize theimportance of a clear definition of arbitrators impartiality and analyses theusage of judge's impartiality as substitute, as well as its drawbacks. Finally, ittries to make a reconfiguration of arbitrators' impartiality by means of amethodology called "functional approach to the adjudicator's role".