However, justice should not only be done but should also be seen to be done, and as a result
such an arbitrator should not be appointed.
It must be remembered that parties to international arbitration may come from very different legal, cultural and commercial backgrounds, and in light of this, it is of vital importance that confidence and trust in the tribunal’s ability to act fairly is established and maintained.
The requirement for independence allows parties to exclude in the early stages of the arbitration those potential arbitrators whose impartiality could reasonably be called into doubt, rather than allow the proceedings to continue and run the risk of a challenge arising at a later stage after that potential partiality may have become manifest.