The Legal Foundations of the Legitimacy of Arbitrator Selection
Year: 2026
Type: article
Abstract: his article examines the legal foundations of legitimacy in arbitrator selection within international commercial arbitration, focusing on the relationship between party autonomy, procedural fairness, independence, impartiality, and transparency. Drawing primarily on the Arbitration Act 1996, as amended by the Arbitration Act 2025, the UNCITRAL Model Law, and leading institutional arbitration rules, the study analyses the legal principles governing the constitution of arbitral tribunals. Particular attention is given to the distinction between formal procedural rights and the practical ability of parties to make informed decisions when selecting arbitrators. The article explores how information asymmetry, professional networks, reputation, and repeat appointments influence candidate assessment and accessibility. It argues that although existing legal frameworks provide essential safeguards for legitimate tribunal constitution, they do not necessarily ensure equal access to reliable information about prospective arbitrators. The findings suggest that the legitimacy of arbitrator selection depends not only on compliance with applicable legal requirements but also on the meaningful exercise of party autonomy within a sufficiently transparent and impartial procedure. The article concludes that improving access to reliable candidate information may strengthen the practical effectiveness of arbitrator selection without undermining established legal principles or the value of professional expertise.
Source: HSR (London)
Author: Nazarova Jasmina Ilkhom qizi
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225843550
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