The Center for American and International Law (CAIL) Young Institute for Transnational Arbitration (ITA) Presents Ethics in International Arbitration Series: Freedom vs. Fairness Arbitrators’ Words and Allegations of Bias

In international arbitration, arbitrators’ words and comments outside the proceedings have sometimes led to allegations of bias—and even disqualifications—in the proceedings. Today we have several examples. One arbitrator was disqualified from an investment case for skeptical but general remarks about Latin American governments. Others have been challenged (both successfully and unsuccessfully) for statements in support of Ukraine in cases involving Russia, or for joking (disparagingly) in a television broadcast about “burkini’s.” Other examples involve arbitrators who speak out—properly or improperly—to defend themselves against allegations of misconduct. These examples shine a spotlight on the tension between arbitrators’ public speech and their professional duties.