亚洲争议评论 | 防止质疑：香港仲裁员和调解员的公正性与独立性

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This article was originally published on Asian Dispute Review, issue 1 , 2024. This article explores the legal frameworks regulating the duties of impartiality and independence applicable to neutrals in the arbitration and mediation settings. Focus is placed primarily on Hong Kong legislation, case law and institutional rules that lay the groundwork for the scope and application of such duties. Introduction The duties of impartiality and independence imposed upon arbitrators and mediators are critical to the healthy functioning of the dispute resolution sector, both in Hong Kong and globally. In the case of arbitration, in particular, compliance with them assists in promoting the pro-arbitration policy of the Hong Kong courts. The meaning of "impartiality" and "independence"  The notions of impartiality and independence of arbitrators have been explored extensively by both the courts and scholars. The Hong Kong Court of Final Appeal, in Hebei Import & Export Corp v Polytek ………………………………