A Study on Challenge and Dismissal of Arbitrator Under Iranian Law and International Conventions

Abstract

Arbitration centers are private organizations formed within Bar Associations and Chambers of Commerce. In much the same way that under certain conditions, judge can be challenged, one of the means to guarantee the impartiality of the arbitration is the disqualification or challenge of arbitrator. It should be noted that disqualification or challenge of arbitrator aims to ensure the competence of arbitrator; however, unfortunately, from time to time it is used for the prolongation of the proceedings or disruption of proceedings; on the other hand it must be remembered that challenge of arbitrator even, if it's not abusive, has impacts on proceedings, so, in parallel with the increasing number of arbitrations in the late 1970s and early 1980s, organizations and institutions including the International Bar Association were formed for the purpose of setting the guidelines and code of conduct for arbitrators. The ICC, in response to the acceleration of claims against competence of arbitrators, required them to make signed statement in writing at the time of acceptance of the arbitration indicating their impartiality and independence and lack of common interests with the parties to the dispute. Such a written guarantee has shown to reduce challenge of arbitrator statistics.

DOI: 10.5901/mjss.2016.v7n5s1p193