The mandate of arbitrators and judges relates to their jurisdiction
and the entities to which they are responsible.
There are subtle differences in the mandate of arbitrators
and judges. Judges derive their jurisdiction and authority
from the state; whereas arbitrators derive their jurisdiction
from parties.35 Nevertheless, the state indirectly sanctions
arbitration to the extent national legislation or judicial decisions
permit arbitration.36 These differences are minor and
should not affect an adjudicator’s capacity and willingness
to render impartial decisions.
Arbitrators and judges also differ as to whom they are
ultimately responsible. This distinction implicates both how
decision-makers are remunerated and also how they are
selected. The government collects taxes from parties who
may or may not be litigants to pay judges, whereas parties
are directly responsible for the remuneration of arbitrators.37
On its face, a more direct financial relationship might appear
to affect the outcome; nevertheless, this need not be the case,
particularly where the parties have contracted for decision