This Essay builds on the available literature to date and offers a more probing examination of the international arbitrator and nationality. The opening section reiterates how arbitrator nationality relates to the traditional requirements of arbitrator impartiality, independence, and neutrality (with which the “arbitrator” is most synonymous); how arbitral rules seek diversity of nationality be...

As the contributions to this Symposium suggest, much could be done to improve arbitration, particularly the sort of “new” or “mass” arbitration that has sprouted during the past twenty-five years. Mass arbitration stems from the judiciary’s modern favorable attitude toward enforcement of arbitration clauses, even those imposed upon consumers, employees, small vendors, and debtors as part of a s...

arbitrator is a private judge. he accepts a judicial function by a contract. all legal systems (common and civil law) have been recognized this contract and the arbitrator’s judicial function. leave or violation of duties by the arbitrator can be followed by the different sanctions including civil, criminal and disciplinary, but the common law and civil law start from the opposite directions to...

one of the complicated debates in international commercial arbitration law is the matter of judicial competence for examination of challenge over arbitral awards and annulment proceedings. in the first part of this essay, i have tried to clarify that judicial competence on annulment proceedings is limited to national or domestic arbitral awards and then, to give main criteria for determination ...