Business entities have a strong interest in engaging in operations
with international partners. When disputes inevitably occur, parties invariably resort to national self-identification, and
insist on national neutrality of the deciding tribunal. The reasons
are based more on instinctive human reaction than reason,
and are quite impacting. This Essay offers a focused examination
of arbitrator nationality, including its meaning, relation
with neutrality, independence, and impartiality, and how it may
present challenging questions in practice. Questions of party
challenge of the arbitrator and arbitrator disclosure will require
consideration of what standard to apply, as illustrated in the hypothetical
variations. Perhaps no issue better highlights the international
character of arbitration disputes than the nationality
or the national affiliation of the parties and arbitrators. Questions
of national neutrality will continue to be of interest.