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ดุลพาห
V. CONCLUSION
With the rapid growth of arbitration as a major source of dispute resolution
in modern society, society has a new-found interest in ensuring that arbitration
generates fair and reliable awards. It is bolstered by the judiciary and legislature
that create a legal framework for arbitration, places a new demand on the
national and international institution of arbitration to govern the duties of
arbitrators and to ensure the public confidence that the alternative dispute
resolution system works accurately. This societal interest has consequently
generated legislation and institutional rules as explained in this Article that
govern the behavior of arbitrator. This Article has also assessed impartiality
standard of the main institutional arbitration rules and discussed the appropriate
and inappropriate factors for considering issue conflicts arising from the arbitrators’
prior activities or expressed opinions. The analysis of issue conflicts in international
arbitrations should focus on three factors: the proximity of the commitment,
the depth of the involvement and the timing of the opinion published. Not
only the standards will be improved, analyses of issue conflict that consider
these factors will also be more persuasive. It will provide guidance to parties
and arbitrators, and enhance impartiality in international arbitration.
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