The Role of Nationality Element in the Independence and Impartiality of the Arbitrator

Document Type : Original Article

Authors

1 University of Qom

2 International Trade Law, Faculty of Law, Allameh Tbatabaie University, Thran, Iran.

10.22091/ijicl.2025.11768.1106

Abstract

Independence and impartiality are constant indicators for qualified arbitrators. However, the elements of these indicators are different in the opinion of authorities with the capacity to proceed with the challenge of the arbitrator. One of these controversial elements is the nationality of arbitrators. Studying arbitration rules and decisions separated commercial arbitration from investment arbitration. Because the ICSID arbitration rules mention the common nationality with the parties as a criterion to challenge the arbitrator. In this regard, the ICSID jurisprudence has also affected non-ICSID investment arbitrations; Because its logic is the prominent role of nationality in the investment law. On the other hand, in commercial arbitration, the role of nationality is weak, to the extent that the element of arbitration to be international in most legal systems is based on different places of business of the parties and not their nationality. As a result, the nationality of the arbitrators in commercial arbitration alone and without other indications cannot be considered as a basis to challenge the arbitrator.

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Main Subjects

Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 08 February 2025

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