Open AccessA Study of the Role of Arbitrators in Commercial Arbitration Proceedings
Author(s) -
Brian Burrows,
Rajiv Malhotra
Publication year - 1976
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2316
Subject(s) - impartiality , arbitration , law , political science , function (biology) , law and economics , process (computing) , business , sociology , computer science , biology , microbiology and biotechnology , operating system
The author examines the nature of the arbitration process and the role of the arbitrator in each of the major forms that the process takes. He concludes that an arbitrator appointed by mutual agreement of the parties must act judicially. Party appointed arbitrators also function in judicial role, although an American trend away from impartiality is noted. In an arbitrator-umpire situation the party nominated arbitrators may act as advocates once they have referred the matter to the umpire.