The Independence and Impartiality Principales in International Commercial Arbitration

Document Type : Original Article

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Abstract

The Independence and Impartiality Principal of Arbitration in International Arbitration is extra important. The existance of the Mentioned Principal and observing it by the Arbitration, the Judicial Arbitration Essence has been closed to Justice more than over. It is caused to be issued the Arbitration Award Righteously And it dosen t in Encounter with any adducement time. As the Judge of the Govermental Court of Justice must be Independendent and Impartial also the Arbitrator must be Independent and Impartial. Thus, the Determined Arbitrator from the parties should not be the Slister any of them .In the WIPO Arbitration Rules with Emphasizing on the Mentioned Principal, it has been different between the Idioms, Independence and Impartiality and in the mentioned Rules have not been stated the meanings of the non- Independence and non- Impartiality and if only there are the circumstances that caused the acceptable doubts, the Arbitrator has been known wounable. In this paper the available approach in WIPO Rules and Iran, s International Commercial Arbitration Rules in order to the Impartiality and Independence must be considered.

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