Impartiality and Independence of Arbitrators of the NCoA

A judge, or an arbitrator, must adopt an attitude of absolute impartiality. Impartiality is immanently connected with justice. The principle of impartiality is the basis of all proceedings before the National Court of Arbitration in order to guarantee a just judgement.

In simple terms, impartiality can be defined as the lack of bias or prejudice. This is the definition adopted by the European Court of Human Rights.

The concept of impartiality can be connected both with a judge’s attitude to the litigants and the subject of litigation.

At the National Court of Arbitration, the arbitrators in a specific case are selected in such a manner so as to ensure their neutrality, i.e. impartiality and objectivity, at all stages of the proceedings. The NCoA arbitrators are not and cannot be interested in a specific outcome of a litigation. An NCoA arbitrator is obliged to pass a just judgement.

At the NCoA, impartiality is our priority and independence of a judge is one of institutional instruments to guarantee passing an impartial, just judgement.

The court’s work must be based on the “policy of absolute independence” of the adjudicating panel. It means that no pressure is to be put on the adjudicating arbitrators by the court authorities, other arbitrators or the parties to the dispute. When passing a judgement at the National Court of Arbitration, an arbitrator acts in an absolutely independent manner, in accordance with his or her experience, knowledge and personal belief that the passed judgement is just.