In these notes we review, always under the light of the various rules of the leading Arbitration Centers in Latin America and Madrid, as well as of the leading International Arbitration Centers, and the main soft law rules published, the concepts of Independence, Impartiality and Neutrality of the arbitrators as necessary and essential conditions for the performance of their duties. We review their subjective and objective content, differing in some cases from the acknowledged form for their appreciation. We review the various mechanisms provided for the proper choice of arbitrators, from the standpoint of the question. What is the objective pursued with a proper designation of an arbitration court or single arbitrator? What do the parties actually pursue when appointing their arbitrators? What must the parties do before the appointment of the same? What is the profile of the ideal arbitrator? We shall review what proposals there are for the appointment by the parties or by third parties independent of them. Which shall be the most favorable? According to the various rules cited, we shall review the procedures made available to the parties, either through closed or open lists. We review which systems are made available to the parties for the proper control of the independence and impartiality of the arbitrators through the various systems developed on the duty of disclosure by the arbitrators of circumstances which may affect the performance of their duties, as well as the controls through the causes and procedure for the recusation of the same.
Iurgium [previously Spain Arbitration Review]