Divining the meaning of “independence” and “impartiality” can be challenging.
Arbitral institutions tend not to particularize these standards.
The workings of the ICC Court, which evaluates arbitrator challenges, are confidential.
National courts also give mixed guidance about the meaning of the phrase.65 For example, the UK, the AT&T v Saudi Cable case suggested that Yves Fortier’s inadvertent non-disclosure of his role as a non-executive director with one of AT&T’s primary competitors was insufficient to lead