Professional paper

The Excusal of a Judge and the Excusal of an Arbiter - A Guarantee for the Impartiality of Court Proceedings and Arbitration Proceedings

Arta Bilalli
Artan Grubi
Arbër Ademi

Abstract

The principles of independence and impartiality are of core importance and interest in court and arbitration proceedings. They represent "tools" and guarantees for establishing and assuring fair proceedings that will not be based upon favors, bias, or prejudice in the adjudication of a case.
This paper focuses on one mechanism that attempts to guarantee as much as possible the impartiality of judges in a court proceeding and the impartiality of an arbiter in an arbitration procedure. The excusal of judges and arbitrators represents a mechanism implemented in both court and arbitration procedures to ensure that the judge or the arbiter will decide without prejudice or influence of a direct or indirect nature from any source or for any reason. Lack of impartiality may affect the final decision. Thus, national and international documents set out cases that may reflect a judge's and an arbiter's impartiality. In this paper, we will analyze and compare the reasons for a judge's and an arbiter's lack of impartiality and give conclusions about the similarities and distinctions between them. This paper will also focus on the neutrality of the arbitrators.

Keywords

impartiality, judges, arbitrators, excusal of judges and arbitrators

Hrčak ID:

318347

URI

https://hrcak.srce.hr/318347

Publication date:

26.6.2024.

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