Beyond the Passport: Is Nationality a Reliable Proxy for Neutrality?

Presentation

In an era of heightened geopolitical tension, expanding sanctions regimes, and increasingly polarised international relations, nationality-based concerns in arbitrator selection have resurfaced with renewed intensity. But does an arbitrator's passport genuinely signal anything about their impartiality? Or is nationality an increasingly unreliable proxy for neutrality in contemporary international arbitration?

This panel brings together leading practitioners and arbitrators from across regions to examine whether nationality remains a meaningful indicator of impartiality or whether it has become an outdated proxy that obscures more relevant considerations. The discussion will explore how institutions, counsel, and tribunals navigate nationality-based expectations in practice, and whether the current framework strikes the right balance between perceived neutrality and access to the best qualified decision-makers.

Key questions include:
- Is nationality still reliable for determining neutrality, or does it perpetuate assumptions that no longer reflect modern arbitral practice?
- How do contemporary geopolitical dynamics, from China–US tensions to Russia–Europe disputes, shape party expectations around arbitrator nationality?
- Are more probative markers of potential bias, such as repeat appointments, professional networks, or institutional affiliations, overlooked in favour of an overemphasis on nationality?
- How do arbitral institutions approach nationality in appointments and challenges, and what lessons can be drawn from differing regional practices?
- Where passports diverge from lived reality, through permanent residence, cultural immersion, or decades of practice abroad, what does nationality actually tell us, and are existing disclosure regimes equipped to capture what truly matters?

Join us for a candid discussion that moves beyond formal categories to explore how independence and impartiality are assessed, perceived, and operationalised in today’s arbitration landscape.