Guarantees of fairness of the arbitrator

Abstract

Abstract : This research deals with the guarantees of fairness of the arbitrator as the main element in the arbitration judiciary. It is necessary to ensure the fairness of the arbitration judiciary in its various stages, including the fairness of the arbitrator who undertakes the task of resolving the arbitration dispute. Through the research, we found that the basic guarantee for the fairness of the arbitrator lies in his professionalism, which means his belonging to the category and profession of the litigants in the arbitration case, which gives him the competence in knowing the details of the dispute and then judging it in a fair manner. In addition, the arbitrator's independence from the litigants is one of the basic guarantees of fairness of the arbitrator. In the conclusion, the research reached a number of conclusions, perhaps the most important of which is that impartiality is one of the most important qualities that an arbitrator must have, and at the same time, it is a guarantee of his fairness. Wherever there is impartiality of the arbitrator, there is fairness arbitration, and for the arbitrator to be impartial, he must be committed to disclosing everything that may spoil his integrity and impartiality in terms of relationship of kinship or friendship. In addition to his commitment to transparency towards the litigants in the arbitration case. The research also reached a number of recommendations, the most important of which is the explicit provision that the arbitrator or the arbitral tribunal, after announcing its acceptance of the arbitration mission and throughout its procedures, disclose any circumstances that would raise doubts about his impartiality and his independence.