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The law of private international tribunals with respect to conflicts of interest of arbitr
The uncertainty in the field is at its most troubling when arbitrators are party-appointed. Some argue that such arbitrators should fulfill the same functions and satisfy the same qualifications as third-party arbitrators, others dispute any real claim to objectivity. The latter view has had considerable currency, particularly in the United States, where courts and drafters of state laws regard such advocates as pawns of the appointers. Imposing standards of neutrality and disinterestedness on them would be futile.
It follows from this dichotomy between party-appointed and non-party-appointed arbitrators that opinion on the question of their nationality is also split. A party needs to be expected to choose a fellow national. This question of nationality is acute when one party to the arbitration is a governmental agency and one or more of the arbitrators are likewise nationals; a foreign enterprise contract calling for such arbitration may be foolhardy.
The slate is largely blank with respect to rules for the conduct of arbitrators outside the field of conflict of interests. Considering only the matter of ex-parte communications, American ease law is astonishingly lax, refusing to set aside awards where such communication obtained between an arbitrator and a party without the presence of the other party, thereby violating evidentiary rules requiring the attendance of both parties. The differences in views on this topic indicate how useful a set of guidelines might he.
The best title for this passage is ______.
A.International Arbitrators: Causes and Solutions
B.Arbitrators: Causes and Solutions
C.Arbitrators: Problems in Practice
D.International Arbitrators and Conflicts of Interests
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