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Impartiality and Independence of Arbitrators in International Practice
Aldo Berlinguer
I. INTRODUCTION
A. A Growing Concern Regarding Neutrality in Arbitration: Why and How
Interest in arbitration as an alternative method for dispute resolution has dramatically expanded in recent years. The international business community has increasingly turned to arbitration for a growing number of commercial disputes arising out of international transactions. The scope and application of this institution have also considerably expanded into new areas of the law.[1] Arbitration has been widely accepted and heralded by many national legal systems not only because it has relieved overcrowded court dockets but also because it provides a qualitatively better form of dispute resolution, particularly for certain commercial disputes where it is better tailored to the needs of individual disputants.
The reasons of this growth, indeed, reside primarily in the incontrovertible and widely known qualities of arbitration itself. These include above all its celerity, its confidentiality, its finality, its accommodation to more specialized qualification and expertise, its less cumbersome and intimidating nature and, last but not least, its neutrality. The characteristics of sureness, reliability and neutrality of arbitration have played a fundamental role in promoting the use of arbitration as an alternative to judicial proceedings.
Aldo Berlinguer - Associate, Studio Legale Vincenzo Vigoriti; L.L.M. Georgetown University; Dottorando Di Ricerca, University of Florence.
