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Part II Arbitral Procedures To Control The Selection And Conduct Of Arbitrators, Ch.5 The Challenge Of Arbitrators

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

The challenge is a device to maintain minimal standards of independence and impartiality in arbitrators. Challenge is an exceptional and serious mechanism; it is a process that has been rarely initiated and even more rarely has resulted in a decision. The challenge is a possible response to an appointment at the commencement of an arbitration. It is also a possible response throughout the arbitration to, for example, failure to perform or new circumstances giving rise to justifiable doubts as to impartiality or independence. The UNCITRAL Rules address the challenge process in Articles 9 through 12, the subject of this Chapter.

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