Determination of bias of an arbitrator under Rwandan Law and Practice

Abstract

The doing business report 2018 ranked Rwanda the 2nd in Africa behind Mauritius in the latest annual report and 29th globally. This is an indication that the business sector in Rwanda is growing and requires appropriate mechanisms in resolving commercial disputes that may arise as a result of various transactions involved. Due to such growth that has been consistent right from early 2000, in 2008 the government of Rwanda enacted a law governing arbitration and conciliation in commercial matters as alternative mechanisms to handle commercial disputes alongside the Commercial courts as a response to international as well as national investors’ concerns. This mechanism of resolving disputes through arbitration process proved to be efficient due its flexibility, neutrality and adaptability to the business environment by accommodating the needs of the parties involved in a dispute. In its implementation the mechanism requires professional arbitrators to be well trained and with a high degree of integrity and ethical behaviors. It requires also well-laid procedures to govern their ethical and integrity standards. Absence of such professionalism and integrity procedures may render the system to be inefficient and thus, exposing it to the risks of being labeled an unfair justice mechanism. The establishment of the Law n° 005/2008 of 14/02/2008 on arbitration and conciliation in commercial matters replacing just the provisions that appeared as the integral part of the 2004 Code of Civil Commercial, Labor and Administrative Procedures1 proved to be the best solution in addressing such issues in that field. However, the provisions of the same Law never catered for situations and the possible remedies where one of the Arbitrators during the Arbitral proceedings or even the award itself, is seen to be biased. This research is therefore intended to explore such situations with the bias issues in arbitration proceedings and the impact an arbitration award may have in Rwanda and propose mechanisms or solutions for effective and efficient means of resolving commercial disputes free from bias