Lecture 1

Question 1

When can UNIDROIT/ALI principles apply?

Answer 1

-NOT in group litigations (only 1v1)
-only in TRANSNATIONAL disputes
-transnational COMMERCIAL TRANSACTIONS

Question 2

What does ‘independence’ entail

UNIDROIT PRINCIPLE 1.1

Answer 2

-The court ande the judges should have independence to decide the dispute according to facts and law.
-they should be free from internal and external influence.

Question 3

How can independence of a body be assessed?

Answer 3

1. manner of appointment of its members
2. duration of their term in office
3. the existence of guarantees against outside pressure.
4. whether the body presents an appearance of independence (for outsiders)

Question 4

What does ‘impartiality’ entail?

UNIDROIT PRINCIPLE 1.3

Answer 4

• Impartiality denotes the absence of prejuice or bias of a specific judge.
• a judge or other person involved in procedure should not participate if there is doubt about his impartiality
• There should be a fair and effective procedure for addressing contentions of judicial bias.

Question 5

How is impartiality determined?

Answer 5

1. **SUBJECTIVE TEST ** did the judge act unfairly or did he held a personal bias in a given case
2. OBJECTIVE TEST whether the tribunal itself and, among other aspects, its composition, offered sufficient guarantees to exclude any legitimate doubt in respect of its impartiality.