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that subjects the dispute to arbitration. The treaty and contract provisions
established internationalarbitration rules such as the 1976 Arbitration Rules

of the United Nations Commission on International Trade Law (“UNCITRAL”),

the 1998 Arbitration Rules of the International Chamber of Commerce
(“ICC Arbitration”) or the Rules of Procedure for Arbitration Proceedings of the

International Centre for the Settlement of Investment Disputes (“ICSID”).

Part II of this Article addresses the introduction by comparing the

role of arbitrators and judges. Part III outlines of the emerging basic rules
of ethics that govern commercial arbitrators. Finally, Part IV discusses on

the impartiality standards and issue conflicts which frequently happened in
international arbitration.

II THE ROLE OF ARBITRATORS VS JUDGES

The role of arbitrators is similar to judges in terms of solving disputes
for parties. The issues that are brought to arbitration are often as complex as or

even more complex than those issues brought to judicial resolution. Therefore,
the ethical decisions that arbitrators face are often as complex as the ethical

issues that confront courts. However, arbitrators are not judges in traditional

sense. The following paragraphs are several important distinctions between
the role of an arbitrator and that of a judge.

First, the appointment of an arbitrator is different from a judge. As
arbitrators are generally appointed by the parties themselves or nominated

by the governing arbitral institution, there is no universal standard for the
1
appointment of arbitrators other than the basic process requirements. On the
other hand, judges, especially in the United States, are from appointments
or elections after some level of service within the judicial or legal community.

1. Henry Gabriel, Anjanette H. Raymond; Ethics for Commercial Arbitrators: Basic Principles
and Emerging Standards. 5 Wyo. L. Rev. 453.

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