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Two houses at AIAC Asia ADR Week 2026 debated whether repeat appointments of arbitrators undermine perceptions of bias and diversity or reflect party confidence in proven expertise.
The session on the “Constitution of the Arbitral Tribunal: Appointment, Independence, Impartiality, and Challenges”, at the CADRA International Arbitration Summer School 2026 brought together Kevin Nash and Maria Jonker to discuss party autonomy, arbitrator appointments, independence and impartiality, disclosure obligations, diversity and challenges to arbitrators.
The core controversy centres on the effect of deliberate non-disclosure by a nominee arbitrator, the determination of the juridical seat of arbitration, and the extent of supervisory jurisdiction of Indian courts notwithstanding the fixation of a foreign venue by an arbitral institution.