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ดุลพาห

g. Duty to Render a Decision

An arbitrator should carefully and deliberately decide all issues

involved in the dispute by relying on his independent judgment and
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without consideration for any external pressure.

h. Duty to Act in a Fiduciary Manner

Every matter and information relating to arbitration should be kept

confidential and the arbitrator should never use confidential information
for his own gain or personal advantage.

IV INTERNATIONAL ARBITRATION GOVERNANCE ON IMPARTIALITY

STANDARDS AND ISSUE CONFLICTS

Where there is adjudication whether from courts or arbitrations, the

problems of issues conflict and impartiality always arise. As mentioned in
the introduction, there are some international rules that govern the conflict

or impartiality such as UNCITRAL, ICC Arbitration, and ICSID. Although these

impartiality standards are readily available and the impartiality of arbitrators is
frequently challenged, the decisions interpreting them are still not available.

The reasons behind this include voluntary withdrawal by the arbitrator without
a formal appraisal of the alleged conflict, confidentiality obligation mandated

by these rules and prevalent practice of not publishing decisions on arbitrator
challenges.
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10. See Am. Arbitration Assoc., Code of Ethics for Arbitrators in Commercial Disputes Canon
IV(A)-(B).
11. Joseph R. Brubaker. The Judge Who Knew Too Much: Issue of Conflicts in International
Adjudication. Berkeley J. Int’l L. 2008.

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