التزام المحكم بالحياد و الاستقلالية و نتائج مخالفته : (دراسة مقارنة)‎

Abstract EN

Since arbitration is a means of settling disputes, thus it is considered an alternative judiciary in international trade disputes.

Like ajudge, an arbitrator must enjoy impartiality and independence in giving a judgment to end the disputes away from affections or connections, or being affected by any relationship that binds the parties to disputes, whether the arbitrator is chosen or they do not intervene in choosing.

Further, the effect of the condition of impartiality and independence is not necessary in strengthening the bonds of mutual trust between the arbitrator and the parties of the dispute during the course of the arbitration case, and so that the arbitrator avoids the possibility of requesting his dismissal for lack of impartiality and independence.

The impact of this obligation extends beyond issuing the arbitration decision, as it may be subject to rejection, if it was issued under the influence of nepotism or prejudice, or the arbitrator was a follower to one of the parties in issuing the judgment that terminates the litigation, and this is the significance of research.