INTRODUCTION

Art. 57 is one of two articles dealing with the disqualification of conciliators or arbitrators. Art. 57 deals with the initiation of the proceeding to disqualify and with the basis for a proposal to disqualify. Art. 58 deals with the method of reaching a decision on a proposal to disqualify and the replacement of a person so disqualified. Other instruments governing international arbitration also contain detailed provisions concerning the disqualification of arbitrators.

Provisions concerning the disqualification of a conciliator or arbitrator were contained in all drafts leading to the Convention and underwent certain changes (History, Vol. I, p. 262). The discussions surrounding these provisions centred mainly on whether a distinction should be made depending on who made the appointment (see para. 7 infra), on time limits for a proposal to disqualify (see para. 9 infra) and on whether the grounds for disqualification should be specified in the Convention (see para. 17 infra).

Art. 57 is important in view of Art. 52(1)(a). Under that provision, a party may request an award's annulment if the tribunal was not properly constituted (see Art. 52, paras. 118–129). The procedure for an arbitrator's disqualification is an important means to avoid a later annulment.