Beyond judgments. Towards solutions
We are pleased to share an anonymized collection of cases in which the CAM Arbitral Council has been called upon to evaluate the confirmation or non-confirmation of the arbitrator, based on the statement made by the arbitrator and on the basis of comments or recusals submitted by the parties.
Leaving aside the most obvious cases of lack of independence or, at the opposite, of mere manipulation of the recusal, we share the most critical and sensitive cases in which the institution's assessment takes into account various elements such as the intensity of the relationship, its duration, and the presence or absence of the parties' comments.
To date, the published cases deal with the arbitrator's relationship with the party and defense counsel with the aim of constituting an initial institutional jurisprudence on arbitration matters and contributing to a greater circulation of the culture of arbitrator independence and third party status.