ERDEM-NEWSLETTER-2018-metin

174 NEWSLETTER 2018 Challenging Arbitrators and LCIA Challenge Decisions* Att. Melissa Balikci Introduction It is essential that all arbitrators are and remain, independent and impartial throughout the arbitration. Almost all institutional rules con- tain a provision requiring arbitrators to be impartial and independent. Examples include Article 14 of the ICC Rules where “ lack of impar - tiality or independence ” is a ground for challenging the arbitrators and Article 10 of the LCIA Rules and Article 12 of the UNCITRAL Ar- bitration Rules where “ justifiable doubts as to the arbitrator ’s impar - tiality or independence ” is foreseen as a valid ground for challenge. Other grounds for challenge include arbitrators acting contrary to the arbitration agreement and the arbitrator’s qualifications. However, there are no criteria set as to the standard required in or- der to uphold an application challenging the arbitrator’s independence and impartiality. The LCIA and UNCITRAL Rules make reference to “justifiable doubts” which is not defined. IBAGuidelines on Conflicts of Interest in International Arbitration serve as a guide, and is gener- ally taken into account when an arbitrator is challenged. Nevertheless, neither arbitrators, nor the authority (i.e Secretariats of arbitral institu- tions) determining the result of the challenge are bound by the IBA Guidelines. Under institutional arbitration proceedings, such challenges are submitted to the relevant Secretariat and once a decision is made, this is notified to the parties and the arbitrator” (s). In cases conducted under the ICC Rules (the new rules which entered into force on 1 * Article of March 2018