Bias of arbitrators: a critical analysis on the law post-Halliburton v. Chubb and a comparative approach
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
The principle of independence and impartiality has been formed, over the course of time, into a well-established and simultaneously into a fundamental duty of the arbitrator. However, the question, which arises, pertains to what kind of duty it is, namely either a legal duty or one resembling professional ethics. As the case is with judges, arbitrators also shall not be biased or even give the impression of being biased. Unlike judges, however, arbitrators are nominated by the parties to the arbitration and therefore, concerns with regards to possible bias or lack of impartiality are likely to be raised to a greater extent. The principal triptych, which overrides this multifaceted subject, concerns mainly questions of disclosure, repeat appointments and apparent bias. The arbitrator’s duty to remain unbiased and impartial is stipulated as a soft law rule in the IBA Guidelines of 2014, which serves as the point of reference and according to which there has to be an equilibrium between the principle of party autonomy and the tribunal’s independence. In the present paper, a critical analysis is conducted as to the formation of the landscape regarding arbitrator’s bias, before and after the landmark decision of the Supreme Court in Halliburton Co v Chubb Bermuda Insurance Ltd (2020) UKSC 48. The lessons to be learned from this judgment are comparatively assessed alongside the position of arbitration laws of England, India, and China, and by illustrating how the duty has been incorporated and appeared in arbitration practice through the lenses of the arbitration laws in each of the examined legal regimes. Resultantly, the Arbitration Act 1996, the Arbitration and Conciliation (Amendment) Act, 1996, the Chinese Arbitration Law as well as the China International Economic and Trade Arbitration Commission (CIETAC) Rules, which apply to foreign-related arbitrations, will be analyzed in conjunction with case-law in the above-mentioned jurisdictions.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.025 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it