Research On The Judgment Rule Of Arbitrator’s "Evident Partiality" From The Perspective Of International Commercial Arbitration

In the 21 st century with the rapid development of the global economy,arbitration is undoubtedly an important dispute resolution mechanism in international commercial exchanges.As the core of the whole arbitration process,arbitrators play a decisive role in the final outcome of arbitration.It is because of the huge role of arbitrators in arbitration that the parties to the arbitration have high expectations of the arbitrators.If the arbitrators have a partiality for one party in the arbitration process,the parties will often object to the arbitrators.In light of these objections,the arbitrator will be disqualified or challenged,and the time cost of the parties involved in the arbitration will be wasted.In the second place,the award may be set aside or cannot be received recognition or have non-enforcement which makes the dispute settlement result which the parties have invested a lot of manpower and money to obtain suddenly disappear.This is a result that all parties involved in the arbitration,including the arbitration institution,do not want to obtain.Therefore,it is particularly important to determine whether the arbitrator is partial in the arbitration process.But,due to the wide range of international commercial arbitration,big differences,around the arbitration rules of the arbitration organizations,the court’s judicial practice also utterly different,so by studying the arbitration rules of arbitration and judicial practice from all over the world to seek a set of rules to determine whether arbitrator was partial in arbitration,and provide a reference for the parties,guarantee the lawful rights and interests of the parties in arbitration is particularly necessary.In the first part of this article,the author use the judicial practice in the United States lead to vacate the award by the arbitrators "evident partiality",to analyzing the United States three iconic cases in the judicial practice,found that there exist in the judicial practice in the United States on the “appearance of bias”,“actual bias”,“reasonable person rule” three rules for determining the arbitrator’s partiality.And then by taking these analyzations as a starting point,raise a question whether similar rules can be found in the theory and practice of international commercial arbitration,and constructs the rule for determining arbitrator’s partiality in international commercial arbitration.The second part of this article takes the problems raised in the first part as the perspective.Firstly,the author studies the arbitration rules of famous international arbitration institutions,and classifies these rules into the categories of appearance of bias rules,actual bias rules and reasonable person rules according to the characteristics of different arbitration rules.Then the author analyzes the differences among the rules and makes a comprehensive comparison of the different rules.Finally,the author makes a case study on the judicial practice of Britain and the United States as well as the countries of the main civil law system,and proves the three kinds of judgment rules mentioned above by combining the relevant judicial practice views.It is found that these three rules have their own theoretical and practical support,but the specific prescribed situation and the applicable situation are different.On this basis,the author first analyzes the different situations and viewpoints of arbitration rules and judicial cases in the third part of this article from the perspectives of theoretical and practical basis and judgment factors of each rule,then systematically expounds the appearance of bias rules,actual bias rules and reasonable person rules respectively,and tries to construct the judgment factors belonging to different rules.Through targeted research,the author finds that there is a subtle connection between different rules,and draws a conclusion of the difference between the advantages and disadvantages of different rules and their logical relations.Finally,based on the conclusion of the analysis,the author makes a prediction on the development trend of arbitrator bias in international commercial arbitration in the future.In the last part of this paper,the author introduces the current situation of domestic arbitrator’s partiality rule and puts forward some Suggestions.