Recent criticisms of arbitration, be it commercial, be it investment arbitration, have drawn a particular focus on the activity of the arbitrator leading to a reflection on the professional qualities expected from the arbitrator and on a questioning of the existence of a real profession of arbitrators.
Because of the jurisdictional nature of the activity of the arbitrator, the arbitrator must be able to decide. He must also generate trust from the parties and from the other members of the arbitral tribunal, demonstrate a true cultural neutrality and open-mindedness, be an efficient administrator and always remain available.
Undoubtedly, many arbitrators nowadays fulfill all these criteria. Arbitrators are also more and more professionals, exercising this activity to the exclusion of any others and drawing their resources from it. Despite the above, it cannot however be concluded that the activity of arbitrators constitute a real profession.
Revue de l’arbitrage