A Study on Ethics of Arbitrators Focusing on Impartiality and Independence

With many advantages, arbitration has become one of the most effective and efficient dispute resolution systems in international commercial transactions. Since arbitration is a private system that relies on arbitrators, who are also private persons, selecting an arbitrator is one of the most important processes in arbitration. The qualifications for arbitrators vary in different jurisdictions, but the common qualifications regarding arbitrator ethics are defined either in national laws or in the rules of arbitral institutions. Most national laws and arbitral institutions’ rules require arbitrators to be impartial and independent, but their definitions are not clearly determined. Although it seems somewhat late, the KCAB is drafting ‘the Codes of Ethics for Arbitrators’ who are serving for arbitration cases under the jurisdiction of the KCAB. The draft is based on the frame of the IBA Rules of Ethics, but it will need some additions as well as modifications. Upon drafting the ethical codes, it is necessary to clearly determine the meaning of impartiality and independence which are mostly discussed regarding arbitrators’ ethical obligations. Therefore, this paper studies arbitrators’ ethical obligations regulated in the various national laws and the rules of arbitral institutions. This paper mostly focuses on impartiality and independence of arbitrators.