Factors taken into consideration by the parties when appointing an arbitrator

Abstract

The aim of this paper is to identify the factors influencing the trust in the independence and impartiality of the arbitrators as well as the trust in their professional abilities to perform their duty as arbitrators. The authors proceed to an analysis of a wide range of aspects of this trust: the trust of the parties in the arbitrators appointed by them, the trust of the appointing authority in the arbitrators, when such authority is performing the appointment, the trust of the parties in the arbitrator appointed without the implication of the parties in the appointment process, leading the party to decide whether to challenge the arbitrators or not and the self-trust of the arbitrator, when accepting the appointment or deciding whether to renounce to the appointment, when challenged by the parties.