Page 48 - นิตยสารดุลพาห เล่มที่ ๒-๒๕๖๑-กฎหมาย

ดุลพาห

is often determined by objective standard. As it is subjective, a lack of
impartiality can be difficult to prove. Most institutional arbitration rules

such as in World Intellectual Property Organization, London Court of
4
International Arbitration, American Arbitration Association and
UNCITRAL Arbitration Rules. The majority of arbitral institutions and judicial

decisions have adopted a standard of justifiable doubts for the
arbitrator’s independence and impartiality.
5

b. Duty of Competency

An arbitrator has an obligation not to accept an appointment

beyond his competency, unless he is certain that he can commit
the requisite time and resources to the arbitration.

c. Duty to Uphold the Integrity and Fairness of the Proceeding

An arbitrator must put reasonable efforts to prevent delaying
tactics, harassment of the parties and other participants, or any

other disruption of the arbitration process. The arbitrator should

comply with the authority set forth in the parties’ agreement.
An arbitrator should also avoid creating the risk of impartiality or the

appearance of impartiality by not entering into any financial, business,
professional, family or social relationship while serving as an arbitrator.

d. Duty to Communicate

The communication between the arbitrator and the parties
must be effective. The arbitrator should not participate in ex parte

4. See World Intellectual Prop. Org., WIPO Arbitration Rules art. 22 (1994).
5. Henry Gabriel, Anjanette H. Raymond; Ethics for Commercial Arbitrators: Basic Principles
and Emerging Standards. 5 Wyo. L. Rev. 453.

พฤษภาคม - สิงหาคม ๒๕๖๑ 37