International Dispute Resolution

Order Description “In common parlance, neutrality is often equated with impartiality. Any such assimilation, however, would be incorrect, since neutrality and impartiality are intrinsically different. At the risk of oversimplification, neutrality may be defined as an objective status, i.e. the likelihood that the arbitrator is, and will remain, wholly equidistant in thought and action throughout the arbitral proceedings. Impartially, on the contrary partakes more of subjective status, to be tested in the context of the concrete relations existing between the arbitrator(s) and each individually party. It follows from that that one can be impartial without being neutral; and conversely, that no arbitrator may be deemed neutral if he/she is behaving partially.’* Critically discuss the above statement.