Independence of Arbitrators
Cahit AĞAOĞLU
I. INTRODUCTION
The development of arbitration in international commercial relations is relatively recent. However, the notion of arbitration is very ancient. “No, arbitration is not at development for a few years, there is a permanent evolution for four thousand years” as stated by Clay in his thesis1. Similarly, Matray states that “Arbitration behoves to the past, present and to the future. What is remarkable for it, its permanence”2.
Not surprisingly and due in large part to this ancient concept’s advantages of confidentiality, speed, cost-effectiveness, party-autonomy access to expert arbitrators, the use of arbitration in international commercial disputes has increased dramatically of late years. All of arbitration’s advantages contribute to its success; it is the author’s belief that the arbitrator’s experience and reputation is a major reason for their appointment although it may imply previous contacts with the parties.
The relationship between the parties and the arbitrator is normally based on a contract entered into after the appointment by which the arbitrator agrees to settle the dispute between the parties for certain remuneration3. Besides its contractual character, the agreement is also jurisdictional in character, meaning that arbitrators have a quasi-judicial power to resolve disputes and issue an award with similar effects to a judgment. The majority of authors note this underlying judicial character4. Indispensable to this jurisdictional mission is that arbitrators must meet some minimum requirements. According to the national arbitration laws and rules of arbitration institutions, the first requirement asked of the arbitrator is that the arbitrator remains independent.
