The Distinctive Features of Independence and Impartiality of Arbitrators in Insurance Matters
pages 93 - 114
ABSTRACT:

We can find discussions of the independence and impartiality of arbitrators in the rules of permanent arbitration institutions. This includes both those with general jurisdiction (i.e. the Stockholm Chamber of Commerce Arbitration Institute and the American Arbitration Association) and those with special jurisdiction for resolving insurance disputes (i. e. CEFAREA, ARIAS UK, ARIAS US, ARIAS EUROPE and Lloyd’s). Some arbitration courts define the impartiality and independence of an arbitrator in rules for all types of arbitration disputes (e.g. the Stockholm Chamber of Commerce Arbitration Institute), whereas others have a special standard of independence and impartiality for arbitrators in insurance disputes, which enables a focus on the specifics of insurance arbitration proceedings (e.g. ARIAS US). This gives rise to situations where the rules of an arbitration court contain different provisions on the independence and impartiality of an arbitrator. A suitable solution would be the creation of a sample standard for an arbitrator’s independence at the international level (e.g. in the framework of the International Association of Insurance Law - AIDA).

keywords
Arbitration
Insurance
Impartiality of Arbitrator
about the authors

Senior fellow at Charles University in Prague, Law Faculty, Chair of Commercial Law. His research and teaching activities are mainly focused on European  Private International Law (Rome I, Rome II and Brussels I), International Commercial Law (International Insurance Law) and International Arbitration (Investment and Commodity Arbitration). The author is a corresponding member of the Project Group "Restatement of Europena Insurance Contract Law."

e-mail: dobias@prf.cuni.cz