Reassessing the ground of “Conflict of Interest” to reject an Arbiter

Abstract

In legal systems around the world, the procedure of arbitration is the cornerstone of an innovative dispute resolution process that allows for swift and fair resolution of disputes between parties. In the United Kingdom, the efficiency and fairness of “arbitration” is determined by the “Arbitration Act” which is a foundational and guiding law for the arbitral system and by its avoidance of rigidity and length of local courts. As a tool, arbitration is also highly appreciated for its speed and flexibility as an alternative to the lengthy arbitration process relied upon by the parties. A key component of this approach is trust in these judges, who are competent individuals charged with handling complex legal issues fairly and impartially. First, it is important to mention that the concept of conflict of interest in arbitration may manifest itself differently, such as: fiscal risks involved in the outcome cases or even personal relations associated with either party. Because of the complexity of these issues it is pivotal to completely understand the background, affiliations, and fiscal ties of the arbiter as these might compromise their impartiality or objectivity while dealing with the issue at hand