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Dr AbdelGadir Warsama Ghalib described arbitration as the will of the parties, underscoring their freedom to opt for this mechanism to settle disputes rather than pursue litigation. This autonomy includes the right to appoint arbitrators or challenge them when circumstances warrant, reflecting a principle similar to hire and fire in management. The corporate legal counsel stressed that such party choices underpin the success and legitimacy of arbitration processes worldwide.
The UNCITRAL model law on international commercial arbitration sets out comprehensive rules for arbitrator appointments, a step the expert characterized as sensitive and vital for smooth proceedings. When approached for a role, individuals must disclose any factors that could create justifiable doubts about their impartiality or independence. This duty persists from appointment through the entire case unless parties already knew of the issues, according to Ghalib.
Impartiality and independence stand as the core pillars of the arbitration field, the analysis found. Arbitrators need to operate without external pressures or influences while meeting professional ethical benchmarks at all times. A challenge may proceed only where clear grounds exist for doubts on these qualities or where agreed qualifications remain unmet, and parties can raise them solely based on information learned after the appointment.
Parties hold flexibility to agree on a specific challenge procedure consistent with governing rules. Absent such agreement, the party seeking removal must deliver a written statement detailing reasons to the tribunal within 15 days of awareness of the tribunal’s formation or relevant circumstances. The tribunal then rules on the matter unless the arbitrator steps down or the opposing side concurs, with an option for the challenger to seek court review within 30 days of a rejection, yielding a final non-appealable decision even as proceedings continue.
International Chamber of Commerce data for 2025 shows 38 challenges filed in 29 cases, of which only two were accepted by the ICC Court. The same figures indicate 1,386 confirmations and appointments involving 998 arbitrators drawn from 93 jurisdictions that year. Such statistics illustrate both the frequency of challenges and the stringent standards applied before any removal occurs in major institutional arbitrations.
Ghalib, who serves on ICC panels for arbitration and banking law, maintained that these structured rules promote justice, equity and cleanliness in the profession by deterring those pursuing personal advantage. His contribution arrives amid rising global demand for arbitration, as evidenced by the ICC’s record 881 new cases registered in 2025 with disputes valued at $299 billion. The expert’s review reinforces how procedural safeguards under frameworks like UNCITRAL help sustain confidence in alternative dispute resolution.
