Khawar Qureshi QC outlines recent developments in arbitrator impartiality
The use of international arbitration to deal with matters that might otherwise have been considered by domestic courts has become more widespread. London’s prominence in this regard remains, albeit that successful regional centres are being established in jurisdictions such as Dubai and Singapore.
Increasingly, domestic courts in some of the jurisdictions that were hitherto considered to be other than “arbitration friendly” are adopting a more supportive stance. All of these factors indicate that the use of arbitration is likely to be more pronounced going forwards.
However, as users have become more experienced, some have pointed to costs/delay and the adoption of cumbersome “old style court-like” process as being factors which are militating against arbitration being cost effective and expeditious.
These concerns have been met by the main arbitral rule providers embarking upon significant changes in an effort to streamline the process (see the amended and UNCITRAL Rules (2010), ICC Rules (2012), and LCIA Rules (2014)).
Some commentators also point to the lack of any consistent or clear ethical framework for the conduct of
