Title

Procedures for challenging arbitrators: Lessons for and from Taiwan

Date of this Version

1-1-2012

Document Type

Journal Article

Publication Details

Interim status: Citation only

Ma, W. (2012). Procedures for challenging arbitrators: Lessons for and from Taiwan. Contemporary Asia Arbitration Journal, 5(2), 293-326. ISSN: 1999-9747

Access the journal website

2012 HERDC submission. FoR code: 180106; 180123

© Copyright Asian Centre for WTO & International Health Law Policy, 2012

ISSN

1999-9747

Abstract

The parties to arbitration may challenge their arbitrators for genuine reasons, such as lack of impartiality, independence or competence. However, the parties may also misuse or abuse the challenge procedures as dilatory (and even as guerrilla) tactics. Ideally, the procedures for challenging arbitrators should uphold arbitral integrity and legitimacy without unduly compromising arbitral expediency and efficiency. This article explores two controversies concerning the arbitrator challenge procedures. First, who should decide on the challenge - the arbitral tribunal including or excluding the challenged arbitrators, or a separate and neutral entity such as an arbitral institution? Second, should the arbitral proceedings continue or be discontinued during the challenge process? Following a comparative and critical survey of the various procedures for challenging arbitrators, recommendations will be tailor-made for Taiwan in light of some unique features of Taiwan's arbitration law.

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This document has been peer reviewed.