A Study of the Role of Arbitrators in Commercial Arbitration Proceedings

  • Brian Burrows
  • Rajiv Malhotra


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.