| Abstract [eng] |
The Principle of Independence and Impartiality of Arbitrator The Guidelines of the International Bar Association, the UNCITRAL Model Law and the Commercial Arbitration Law establish the principle of independence and impartiality of the arbitrator. However, these sources of law do not establish a clear and unanimous requirement of the independence and impartiality of the arbitrator and the legal regulation of remedies which the party may use in breach of that obligation. The duty of independence and impartiality of the arbitrator and the issues relating to its application are also interpreted and applied differently in case law and in the doctrine of arbitration. For these reasons, the attitude to the duty of independence and impartiality of the arbitrator, the measure for enforcement of those obligations and consequences if it is not implemented, is different in different jurisdictions. The first part of the Master's thesis reveals the prevailing definitions of the concepts of independence and impartiality of the arbitrator in the doctrine of foreign arbitration law and in the case law of Lithuanian courts. The second part of the Master's thesis analyses the obligation of the arbitrator’s disclosure, specifying the main features of the Guidelines of the International Bar Association, as well as the duration of the disclosure obligation, the obligation of the arbitrator to investigate potential conflicts of interest and different approaches to the consequences of non-disclosure. The third part of the Master's thesis presents the analysis of different standards of the arbitrator’s removal, procedure of removal of the arbitrator under the Lithuanian law and the legal consequences upon arbitrator’s removal. This part of the Master's thesis also evaluates the grounds for annulment or non-recognition of the arbitrator’s award in the context of violation of the obligation of independence or impartiality of the arbitrator, waiver of the right of objection, and analyses the applicable standard of independence and impartiality of the arbitrator at the stage of annulment or non-recognition of the arbitrator’s award. The fourth part of the Master's thesis analyses the case law of the Lithuanian courts regarding the obligation of independence and impartiality of the permanent arbitral institution and its chairman. |
