The identity and rules of conduct of arbitrators are essential for the success of arbitration. However, the fact that usually two arbitrators are appointed individually by the parties may create some issues that affect the credibility of the arbitration itself.
The debate on the «party appointed arbitrators» has reached a point where some of the most reputed names in the arbitration community are supporting the idea of abolishing the opportunity given to individual parties to appoint arbitrators, moving towards a system where all arbitrators are institutionally appointed.
The article starts to recognize that all arbitrators, including those appointed by the parties, are subject to the same duties of impartiality and independence. But also lists a number of rules of conduct that should be followed by all arbitrators and specially by the «party appointed arbitrators». Several other aspects regarding this type of arbitrators are also analyzed such as certain pathologies, disclosure rules, conflict of interest, effects and responsibilities in certain circumstances.
Iurgium [previously Spain Arbitration Review]