Arbitrator Impartiality: A Legislative Omission in Algerian Arbitration Law and Its Impact on Arbitral Justice

Abstract

This research paper aims to study the relationship between the principles of impartiality and independence of arbitrator under Article 1016 of the Algerian Code of Civil and Administrative Procedure, in order to assess the adequacy of the legislative framework in safeguarding arbitral integrity and ensuring justice in arbitration.

Although neutrality and independence differ in their legal nature and in the means by which they may be established, the analysis demonstrates that they operate as inseparable and complementary guarantees, both of which are indispensable to the very purpose of arbitration. The Algerian legislator, however, neglected to codify the principle of impartiality and limited the provision to independence, thereby creating a legislative lacuna that requires rectification if effective arbitral justice is to be achieved.