| Article | Legal status of an arbiter of the International Commercial Arbitration |
|---|---|
| Authors | Komarov V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 1 / 2011 |
| Pages | 108 - 121 |
| Annotation | The article deals with the main problems of the status of the International Commercial Arbitration Court and existing theories of delegation and representation of the parties interests in arbitration procedure. It is stated that arbiters have a status, which allow them to perform functions on disputes decision. Also, despite contractual grounds of arbitration, arbiters are independent from parties while decision of cases and are not their representatives, though their credentials may be stopped, if the parties agree on mandate cessation, which shows specifics of legal status of an arbiter. Principle of impartiality and independence of arbiters is analyzed as fundamental for arbitration hearing, and also an institute of challenge as one of guarantees of realization of this principle. |
| Keywords | arbiter of the International Commercial Arbitration Court, status of an arbiter, impartiality and independence of an arbiter, arbiter challenge. |
| References | |
| Electronic version | Download |