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Second, although the high level of impartiality and independence
are required, commercial arbitration is not designed to completely separate

the decision maker from the business community, since arbitrators are often

experts in particular business section. Unlike judicial process which is designed
to ensure the impartiality and independence from the people served by

the court.

Lastly, while the judiciary has a specific governing body and a set

of ethical rules, arbitration process is scarcely regulated with the exception
2
of the oversight of a particular institution. Arbitrators are defined by the
parties themselves in the arbitration agreement or arbitration clause, which
may or may not incorporate a set of institutional rules that will also govern

the arbitrator’s behavior. Consequently, arbitrators, unlike judges are largely

unregulated and un-monitored. 3

III BASIC PRINCIPLES OF COMMERCIAL ARBITRATORS

The parties do not generally specify particular obligation of the
arbitrators in the agreement, but instead select a seat of arbitration and then

incorporate one of the standard sets of institutional rules. Accordingly, we

can synthesize the generally accepted ethical obligations of international
arbitrators as follows.

a. Duty of Independence and Impartiality

An independent arbitrator is an arbitrator who has no close

rela tionship; financial, professional, or personal, with a party or the
party’s counsel. Unlike impartiality, the question of independence

2. International Chamber of Commerce, Rules of Arbitration art. 27 (1998), available at http://
www.iccwbo.org/court/english/arbitration/pdf_documents/rules/rules_arb_english.pdf.
3. Henry Gabriel, Anjanette H. Raymond; Ethics for Commercial Arbitrators: Basic Principles
and Emerging Standards. 5 Wyo. L. Rev. 453.

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