BCDR International Arbitration Review
December 2020 – Volume 7 Issue 2
Page 383

The Curious Phenomenon of the Proactive Co-arbitrator

Eduardo Silva Romero


This article analyzes the situations in which a party-appointed co-arbitrator behaves in a way that favors the party who appointed him or her in a perceptible manner, in meetings or hearings, and it proposes some solutions to this ethical conundrum. A balance must ultimately be found between the party's fundamental right to appoint a co-arbitrator and the required impartiality of any adjudicatory tribunal. A pragmatic approach would be to consider guidelines modeling the behavior of co-arbitrators.