Arbitraj ad-hoc. Numire supraarbitru. Independenţa şi imparţialitatea arbitrului

Abstract

Ad hoc Arbitration. Appointment of the Umpire. Independence and Impartiality of the Arbitrator

Where the organization of the arbitration is entrusted to an ad hoc tribunal, and its appointment lies within the responsibility of the parties, and not the arbitrators appointed by them, various criteria shall be applied to, namely: the nature and subject matter of the dispute referred to arbitration, the degree of diligence exercised by the parties in settling the dispute by arbitration, the specialization of individuals nominated as umpires, their consent to accept the assignment, the arguments raised by the Parties.

Although the plaintiffs-defendants made clear that the circumstances aimed at the independence and impartiality the arbitrators should manifest in fulfilling their duties should be reviewed in particular, by reference to the arbitrator’s person, that is, subsequent to his appointment,...