A Study of the Role of Arbitrators in Commercial Arbitration Proceedings

Authors

  • Brian Burrows
  • Rajiv Malhotra

DOI:

https://doi.org/10.29173/alr2316

Abstract

The author examines the nature of the arbitration process and the role of the arbitrator in each of the major forms that the process takes. He concludes that an arbitrator appointed by mutual agreement of the parties must act judicially. Party appointed arbitrators also function in judicial role, although an American trend away from impartiality is noted. In an arbitrator-umpire situation the party nominated arbitrators may act as advocates once they have referred the matter to the umpire.

Downloads

Published

1976-02-01

Issue

Vol 14, No 2

Section

Articles

License

For Editions following and including Volume 61 No. 1, the following applies.

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License

For Editions prior to Volume 61 No. 1, the following applies.

Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:

  1. Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
  2. Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
  3. Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
  4. Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.

To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.