Skip to main content

Posts

Showing posts from February, 2022

Quo vadis, arbitration? Not to Rome, timeo

Should the law follow the practice, or should the practice abide to the law? Although the answer to this provocative question may seem obvious (what is the value of a practice that does not comply with the law after all?), the question of the impartiality of the arbitrators and its treatment in domestic legislation requires further reflection. In a previous post I wrote about how, sometimes, the analysis of arbitral proceedings by judges, accustomed to dealing with rather different subjects, does not reflect the actual practice of a country or a professional sector, but rather its textbook version – as such, purified from its local peculiarities and sterilized from any cultural influences. As we have learned from our interviews, there are countries – especially in Northern Europe – in which the concepts of independence and impartiality of the arbitrators are to be considered in its absolute sense – that is, the link between an arbitrator and the party that appointed them consists mere...