Having the same person act as both arbitrator and mediator to resolve a dispute may be an effective means of dispute resolution but is not without pitfalls for the unwary. There are many inherent problems with this combination that, if left unresolved, can jeopardize the arbitration proceedings or the enforceability of any resulting arbitration award. This article examines the conduct that may give rise to a successful challenge of a dual role arbitrator for his/her conduct during the arbitration or mediation proceedings and how such a challenge may be avoided. Specifically, this article demonstrates how parties can explicitly or implicitly waive their rights to challenge the dual role arbitrator in this regard.
Journal of International Arbitration