Obligations of arbitrators in international commercial arbitration

Abstract

This paper seeks to address the obligations of arbitrators in international commercial arbitration. By way of introduction, it examines the legal relationship between the arbitrators and the parties governed by the contract they conclude. The central part of the analysis is devoted to the duties assumed by an arbitrator by accepting his appointment, focusing on a) principal duties of independence and impartiality and observing the fundamental principles of arbitration and b) other major obligations owed by an arbitrator, namely the duties of care, efficiency and expediency, adjudicating the dispute, the duty to disclose potential conflicts of interests and the duty of confidentiality. This is followed by an examination of possible legal consequences of breaches of arbitrators’ obligations: setting aside of the award, termination of arbitrators’ functions and arbitrators’ civil liability. These issues are addressed in the light of the relevant solutions of uniform rules, national laws governing arbitration, rules of the leading arbitration institutions, as well as the views prevailing in the doctrine and international court and arbitration practice.