ABSTRACT
The relationship between the parties to an arbitration and the tribunal is most commonly analysed as a contract. In broad terms this analysis is appropriate, as an arbitrator’s jurisdiction is based on consensus and an arbitrator’s appointment is properly treated as an enforceable contract. The courts have analysed the arbitral process as based on a trilateral contract existing between the two parties and the tribunal, pursuant to which an arbitrator assumes a quasi-judicial status. The London Maritime Arbitrators Association (LMAA) does not administer arbitrations: the arbitrators conduct the proceedings without any direct aid from an administering body. The majority of arbitrators conducting London maritime arbitrations are members of the LMAA. Arbitrators are under a mandatory duty to act impartially as between the parties, and may be removed if circumstances give rise to justifiable doubt as to their impartiality. Awards may also be challenged on the ground that the arbitrator has failed to act impartially.
