Independence and Impartiality of Arbitrators
Independence and Impartiality of Arbitrators
Arbitrators must remain neutral when performing their duties in deciding on a case. Either before or during the proceedings, they shall not accept or solicit any gift, hospitality, payment, or any other thing of value from the claimant or respondent, or meet with them outside of the office. Otherwise, they should be removed from the case by the arbitration institute on its own initiative or at the request of either disputing party. If their improper acts cause severe damage to either disputing party or the reputation of the arbitration institute, they will be deprived of their qualification to serve as arbitrators.
The purpose of arbitration is to resolve the disputing between the claimant and the respondent impartially and reasonably based on the facts ascertained and the evidence admitted in accordance with the Arbitration Law, the Civil Procedure Law, the applicable arbitration rules, and other applicable provisions of the law. Therefore, arbitrators should perform their duties independently without being interfered by any individual, entity, administrative authority, or any other social organization.
The neutrality of arbitrators is one of the most significant features of arbitration. Arbitrators selected or appointed on a case must impartially treat the participants, including the claimant, the defendant, their witnesses, experts, appraisers, etc., as well as the evidence presented. Awards must also be rendered impartially based on the facts ascertained, the evidence adduced and admitted, the transcripts, records, and other reports and opinions admitted, in accordance with the applicable laws, rules, and international practices, etc.