• Journal of Arbitration Studies
• /
• v.21 no.1
• /
• pp.183-213
• /
• 2011

China and North America have been South Korea's biggest trading partner long time. As the volume of trade has been increasing, the disputes between Korean companies and Chinese Companies and between Korean companies and North American Companies have been increasing. If these disputes are settled by Arbitration, the parties appoint arbitrators who are empowered to proceed the arbitration procedure and have a power to render an arbitral award. Accordingly, it is very important for the parties to select who is an arbitrators in Arbitration. But if the parties doubt their arbitrator(s)'s fairness and independency, they can discharge them in accordance to law and arbitration institute's rules. In comparison with arbitrator system for way of selection and discharge among Korea, China and North America, some differences are found. First, if parties fail to appoint co-arbitrators or the presiding arbitrator by a mutual agreement, the court has the right to appoint them or him in Korea and North America whereas the Chairman of CIETAC choose him in China. Second, the authority to decide whether arbitrator is discharged owing to his fairness and independency, depends on arbitration institute and court in Korea and North American whereas it depends on the Chairman of CIETAC only.

• Journal of Arbitration Studies
• /
• v.26 no.2
• /
• pp.45-66
• /
• 2016

The FAA provides that a district court may make an order vacating an arbitration award upon the application of any party to the arbitration where there was evident partiality on the arbitrator's behalf. The U.S. Supreme Court in the case of Commonwealth Coatings Corp. held that arbitrators must disclose to the parties "any dealing that might create an impression of possible bias." Justice White attempted to limit the scope of evident partiality to instances where an arbitrator has a "substantial interest" in the dispute before disclosure is required. The Second Circuit held that if an arbitrator thinks that a nontrivial conflict of interest might exist, the arbitrator must either (i) conduct an investigation into the potential conflict, or (ii) disclose to the parties why he or she thinks there could be a conflict. Further, the arbitrator must disclose his or her intent not to investigate the matter. By utilizing a reasonable impression of partiality standard, the Ninth Circuit held that evident partiality can exist despite an arbitrator's actual acknowledgement of a conflict, and if an arbitrator fails to discharge his or her duty to investigate potential conflicts of interest, his or her constructive knowledge of the conflicts can give rise to evident partiality.