律师担任仲裁员的角色和境界

司法对仲裁监督强度的限缩,使得仲裁员的独立和公正问题更加重要,仲裁员对自身角色的认知和达到的境界又决定其独立性和公正性。律师担任仲裁员,必须实现对角色的准确认知和适时转换。律师担任仲裁员,除了应当作为法律家和争议解决者,还必须是律师同行和商事主体都能够尊重和信任的公道正派的人。律师担任仲裁员,除了要严格遵守仲裁员披露和回避等有关独立和公正的制度安排和行为守则以外,还要不断提高自身思想觉悟和精神修养。

Since the judicial power of supervision over arbitration has been restrained,great importance has been therefore attached to independence and impartiality of arbitrators,the realization of which depends on their accurate understanding of their own role and their ideological level.To serve as arbitrators,attorneys have to perceive their role accurately and accomplish their role transition between attorney and arbitrator in due course.Besides being jurist and dispute resolver,attorneys also have to be respected and trusted by professional colleagues or commercial parties on account of their integrity to serve as arbitrators.In the meantime,attorneys who serve as arbitrators have to improve their own ideological level and strictly obey the arbitration rules and guiding principles with respect to independence and impartiality of arbitrators,including but not limited to the rules and principles regarding to disclosure of information and withdrawal of arbitrators in circumstances of interest conflict.