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ดุลพาห

A NEED FOR GOVERNANCE ON

INTERNATIONAL ARBITRATION : ISSUE

CONFLICTS AND IMPARTIALITY STANDARDS

Jirada Kittayanukul*

I INTRODUCTION

Commercial arbitration has been growing in the world of business and

commercial transactions. With this growth in commercial arbitration, the rules

of ethics for commercial arbitrators are needed to be guided and controlled.

There are many laws governing international arbitrations. One of the

important rules with respect to tribunals of private international law is the
United Nations Convention on the Recognition and Enforcement of Foreign

Arbitral Awards which assigns the function of controlling arbitrators principally
to the national legal system of the country to which the arbitration is held.

National systems have picked up the task in various ways. They will typically
have rules providing for challenges to arbitrators in cases where they have

conflicts of interest. These may be the same rules as applied to judges or

domestic arbitrators.

International arbitrations have experienced allegation of issue

conflicts against arbitrators. Although domestic arbitration law and association
guidelinesmay influence the assessment of an arbitrator’s impartiality, the

primary standardsof arbitrators’ governance derive from the contract or treaty

* Judge Trainee’ 70, LL.B. (Chulalongkorn University), Thai Bar Association, LL.M. (School of
Law, University of Pennsylvania), LL.M. (School of Law, New York University).

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