Challenge of arbitrators' neutrality

One of the fundamental principles required by arbitrators is to be able to act impartially and independently. This principles is also embodied in the Arbitration Act 2005 that was modelled from the UNCITRAL Model Law. Impartiality and independence throughout a proceeding is necessary to avoid unwant...

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Main Author:	Safiee, Nor Sham
Format:	Thesis
Language:	English
Published:	2016
Subjects:	QE Geology
Online Access:	http://eprints.utm.my/id/eprint/78360/1/NorShamSafieeMFAB2016.pdf
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id	my-utm-ep.78360
record_format	uketd_dc
spelling	my-utm-ep.783602018-08-26T04:53:28Z Challenge of arbitrators' neutrality 2016-09 Safiee, Nor Sham QE Geology One of the fundamental principles required by arbitrators is to be able to act impartially and independently. This principles is also embodied in the Arbitration Act 2005 that was modelled from the UNCITRAL Model Law. Impartiality and independence throughout a proceeding is necessary to avoid unwanted challenge in future. Despite the existence of duty to disclose any interests and circumstances which may cause doubts to arbitrators’ neutrality, some arbitrators continuously neglecting this and causing challenges to their neutrality or sometimes to the award rendered. Nonetheless, there is no specific definition of impartiality and independence in the Act nor explanation or assistance provided in the Act to illustrate on the alarming duty to disclose. Fortunately, at international level the International Bar Association (IBA) had worked together to assist arbitrators on the duty to disclose by introducing the IBA Guidelines on Conflict of Interest which is a great help to arbitrators to understand the circumstances that require disclosure in the proceeding. The purpose of this study is to identify the Malaysian courts and arbitrators understanding on impartiality and independence of arbitrators in discharging their duty. Due to confidentiality, arbitrators’ practices and decisions on the challenge are not available. As such, reference to courts cases was used in carrying out this task. Cases concerning challenges due to justifiable doubts to arbitrators’ impartiality and independence were analyzed. The reasons for every challenge made were analyzed critically and match with the IBA Guidelines on Conflicts of Interest in International Arbitration 2014. This IBA guidelines was chosen as it is one of its kind and it provides list of situations according to their seriousness, which may require disclosure or not. It is apparent that despite there were no specific reference made to the IBA Guidelines, our local courts in essence had applied the same principles in dealing with challenge to the arbitrators’ neutrality. 2016-09 Thesis http://eprints.utm.my/id/eprint/78360/ http://eprints.utm.my/id/eprint/78360/1/NorShamSafieeMFAB2016.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:94156 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	QE Geology
spellingShingle	QE Geology Safiee, Nor Sham Challenge of arbitrators' neutrality
description	One of the fundamental principles required by arbitrators is to be able to act impartially and independently. This principles is also embodied in the Arbitration Act 2005 that was modelled from the UNCITRAL Model Law. Impartiality and independence throughout a proceeding is necessary to avoid unwanted challenge in future. Despite the existence of duty to disclose any interests and circumstances which may cause doubts to arbitrators’ neutrality, some arbitrators continuously neglecting this and causing challenges to their neutrality or sometimes to the award rendered. Nonetheless, there is no specific definition of impartiality and independence in the Act nor explanation or assistance provided in the Act to illustrate on the alarming duty to disclose. Fortunately, at international level the International Bar Association (IBA) had worked together to assist arbitrators on the duty to disclose by introducing the IBA Guidelines on Conflict of Interest which is a great help to arbitrators to understand the circumstances that require disclosure in the proceeding. The purpose of this study is to identify the Malaysian courts and arbitrators understanding on impartiality and independence of arbitrators in discharging their duty. Due to confidentiality, arbitrators’ practices and decisions on the challenge are not available. As such, reference to courts cases was used in carrying out this task. Cases concerning challenges due to justifiable doubts to arbitrators’ impartiality and independence were analyzed. The reasons for every challenge made were analyzed critically and match with the IBA Guidelines on Conflicts of Interest in International Arbitration 2014. This IBA guidelines was chosen as it is one of its kind and it provides list of situations according to their seriousness, which may require disclosure or not. It is apparent that despite there were no specific reference made to the IBA Guidelines, our local courts in essence had applied the same principles in dealing with challenge to the arbitrators’ neutrality.
format	Thesis
qualification_level	Master's degree
author	Safiee, Nor Sham
author_facet	Safiee, Nor Sham
author_sort	Safiee, Nor Sham
title	Challenge of arbitrators' neutrality
title_short	Challenge of arbitrators' neutrality
title_full	Challenge of arbitrators' neutrality
title_fullStr	Challenge of arbitrators' neutrality
title_full_unstemmed	Challenge of arbitrators' neutrality
title_sort	challenge of arbitrators' neutrality
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2016
url	http://eprints.utm.my/id/eprint/78360/1/NorShamSafieeMFAB2016.pdf
_version_	1747817970210439168

Challenge of arbitrators' neutrality

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