| Journal: | International law: revista colombiana de derecho internacional |
| Database: | CLASE |
| System number: | 000383119 |
| ISSN: | 1692-8156 |
| Authors: | Giraldo Carillo, Natalia |
| Year: | 2011 |
| Season: | Jul-Dic |
| Number: | 19 |
| Pages: | 75-106 |
| Country: | Colombia |
| Language: | Inglés |
| Document type: | Artículo |
| Approach: | Analítico |
| English abstract | The issue of repeated appointments of arbitrators is gaining increasing importance in the practice of international arbitration. The fact that an arbitrator´s neutrality may be directly impacted when he is nominated by the same party on several occasions cuts to the core of this issue. In a context where jurisprudential and academic works on the subject of ‘repeat arbitrators’ are few, the intention of this piece is to offer a brief description and analysis of the current état de l’art on the matter. Firstly, I introduce the role of an arbitrator in the context of international arbitration. Secondly, I address the relevance of the standards of impartiality and independence in the light of the issue of ‘repeat arbitrators’. Thirdly, I describe some of the factors that come into play when confronted by the possibility of a repeat appointment: namely, the extent to which economic reward, a desire to maintain a pre-existing working relationship between arbitrator and appointing party, and concern for the arbitrator´s reputation influence the reappointment. Fourthly, I suggest two distinct analyses of the situations in which an arbitrator has been repeatedly nominated. On the one hand, I propose the ‘factual repeat arbitrators’ analysis, on the other I propose what I had dubbed ‘legal repeat arbitrators’. I end this section by expounding upon the issue of ‘repeat arbitrators’ by way of the statistics. Finally, I conclude that a determination of an arbitrator´s impartiality and independence is a very subjective one. There are many variables that must be taken into consideration; whilst the idea of being repeatedly appointed may seem attractive to an arbitrator, respect for his own reputation will always play a fundamental balancing role in his decision to accept a repeat appointment |
| Disciplines: | Derecho |
| Keyword: | Derecho internacional, Derecho público, Historia y teorías del derecho, Técnica y metodología jurídicas, Arbitraje internacional, Arbitros, Imparcialidad, Independencia, Compensación económica, Jurisprudencia, "Conflictos de intereses en el arbitraje internacional" |
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