Arbiter jednostronnie mianowany przez stronę w arbitrażu międzynarodowym

Abstract

This paper concentrate on the role played by the party-appointed arbitrators in international arbitration and their neutrality. It is believed that in arbitral proceedings between two parties that are from different countries, party-appointed arbitrators serve as a translators of the legal system of nominating party to the other party and the chairman. Their duty is therefore to explain the other party and the rest of the tribunal the specific provisions of the law and cultural background that follows the party that appointed the them. However, in international arbitration party-appointed arbitrators cannot be seen as a advocates of the nominating party, because all arbitrators must be and remain impartial and independent through the entire arbitration. Moreover, arbitrators unlike the representatives of the parties are adjudicators that share certain core features with judges. Arbitrators, including those appointed unilaterally by the parties, render a final and binding ruling, based upon gathered record and theirs’ own judgment. To guarantee arbitrators impartiality and independence, there are under obligation to file formal statements of their impartiality and independence, in which he must reveal any circumstances that might give reasonable doubts as to his impartiality and independence. Furthermore, the parties may file a challenge against an arbitrator on any ground that casts a doubt on his impartiality and independence.