Challenge procedure in institutional and ad hoc arbitration under the new regulations in the revised UNCITRAL Arbitration Rules
pages 267 - 286
ABSTRACT:

The right to challenge an arbitrator is an essential part of arbitral due process. The challenge procedure depends on whether it is carried out in ad hoc arbitration or institutional arbitration. This paper explores the differences between the challenge procedures in both ad hoc and institutional arbitration. In addition, an analysis of the problems associated with the procedures is included. Finally, even if the right to challenge should be limited only to those cases in which there is a real threat to the integrity of the arbitration procedure, this right to challenge the arbitrator is often misused by the parties to delay the proceedings and postpone a negative decision of the dispute. That is why the parties have to primarily anticipate this when concluding the arbitration agreement and should regulate the situation when a party raises a challenge to an arbitrator. When they do not obey it, they have to count on the rules which govern the proceedings. In ad hoc proceedings, it can be recommended for the parties to agree on some rules for ad hoc proceedings, e.g. UNCITRAL Arbitration Rules. These are tailor-made procedural rules for ad hoc arbitration that also provide for rules of challenge procedures. The UNCITRAL Rules are examined for their ability to meet the challenges discussed in the current, non-standard system.

keywords
challenge of arbitrators
fair trial principle
impartiality
independence
UNCITRAL Rules
appointing authority
ad hoc arbitration
institutional arbitration
about the authors

JUDr. Ing. Radka Zahradníková Ph.D LL.M, graduated from the Faculty of Law, University of West Bohemia, Czech Republic and simultaneously from the Faculty of International Relations, University of Economics. In 2003, she successfully defended her Master's thesis at the University in Bayreuth, and obtained her LL.M title. In 2006, she was awarded a Ph.D title after successfully defending her dissertation on the topic of Institutional arbitration. Since 2007, she has been a judge specializing in commercial and administrative disputes and disputes with a foreign element. She is also an assistant professor at the Department of Civil Law, Faculty of Law, University of West Bohemia, specializing in civil procedure and alternative dispute resolution. She is the author of at least 30 journal papers, 2 monographs, and co-author other 3 monographs and about 15 articles in yearbooks from international conferences. She was also a member of the working group of the Ministry of Justice that amended the Czech law on arbitration and enforcement of arbitral awards. She has lectured at foreign universities, in such as Limoges, Toulouse and Thessaloniki.

e-mail: radka.zahradnik@gmail.com