Independence and impartiality of arbitrators and mediators – The Castor and Pollux of the ADR world?
pages 229 - 248
ABSTRACT:

The article deals with a comparison of the independence and impartiality of arbitrators and mediators. The two ADR institutions are often assimilated, but the obligations imposed on each of the categories differ to some extent. The article opens with a theoretical definition of the terms “impartial” and “independent”, while the author then focuses on a comparison of the normative rules as incorporated in selected legal systems and in the rules adopted by selected ADR institutions. The results of the research are subsequently analysed and put into context. The final part of the article examines whether the obligations are identical in both cases, or whether they differ and merely have the same title. The results of the examination are subsequently put into the context of a situation in which a single individual simultaneously acts as mediator and arbitrator in the ADR hybrid models – med-arb and arb-med.

keywords
arbitration
mediation
impartiality of arbitrators
impartiality of mediators
independence of arbitrators
independence of mediators
institutional rules
about the authors

Dr. Martin Svatoš is a mediator and arbitrator based in Prague, Czech Republic. He has gained experience around the globe, having studied at the University of Sorbonne in Paris, at Charles University in Prague and at Cornell University. He has worked at the ICC and at the Chamber of Arbitration of Milan. He has participated in several international cases both in mediation and arbitration, especially in the central and eastern European region. He is a lecturer at the Banking Institute/College of Banking in Prague and at the Seminar of European and Comparative Law in Urbino.

e-mail: svatosmartin@forarb.com