The Paradox of the so-called "party-appointed arbitrators''

Paradoxul aşa numitului "arbitru parte''

Bruno Balbiani HELGUERA, Federico Fernandez de LEON

ABSTRACT

This article delves into "party-appointed arbitrators" in international arbitration. It examines the concept of impartiality as a foundational and ontological element in arbitration and addresses criticisms regarding the alleged lack of impartiality in arbitrators appointed by the parties involved. By analysing both theoretical perspectives and empirical data, the authors challenge the assertion that party-appointed arbitrators inherently compromise the impartiality of the arbitration process. The article highlights that, in the vast majority of cases, arbitral tribunals reach unanimous decisions, demonstrating that diverse viewpoints contribute to the process without compromising fairness. The authors argue that the opportunity for parties to select arbitrators enhances the legitimacy of the arbitration process while maintaining...