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Impartial Agreement Meaning

4 In a purely explosive way, I will analyze some of the alternatives mentioned in the literature. My idea is that, as I said, these are values, but not only. There are several dimensions of independence and impartiality, which is why they are defined in the literature with such diversity. In practice, recruitment factors may be the most important for achieving impartiality; It is difficult to achieve an impartial and open-minded attitude through legal rules and structures alone, although some legal structures or rules may make it more difficult than others to maintain an attitude of independent impartiality. If there is a dispute over the treaty, we will bring our matter before an impartial authority. (impartial, neutral) Diego M. Papayannis, ” Independence, impartiality and neutrality in legal adjudication “, Revus [online], 28| 2016, online since June 10, 2018, connection on December 01, 2020. URL: journals.openedition.org/revus/3546; DOI: doi.org/10.4000/revus.3546 33 There are many ideas of neutrality that share these problems. Take, for example, two of the five terms that calvo Soler (2006: 148-156) has been seized of: 1) the absence of alliances with parties; or (2) equal treatment between the parties in the process. These two notions seem to slip away from independence or impartiality. Every production – especially a message in a newsletter – should be fair. However, in the case of a broken or evolving story, it may take some time before impartiality can be achieved.

59 After discussing those views, I tried to put forward an argument which sought to determine the value of independence and impartiality and how the value of neutrality corresponds to the first two. I have argued that if the introduction of the value of neutrality into legal discourse is to be its value, it must be a non-redundant value in terms of independence and impartiality and have normative relevance. The content of each value should be identified by its contribution to the rule of law, which is seen as a neutral means of promoting interaction between free individuals and the same, who have differing views about the world. I also said that these values underly the arbitrator`s duty to be independent, impartial and neutral. The duty of independence is to resist pressure from any of the parties or third parties involved in the dispute. However, the obligation of impartiality imposes on the adjudicator the obligation to apply his arguments taking into account all the prejudices and interests related to the subject matter of the dispute – and, where appropriate, to set it aside. Finally, the duty of neutrality requires the judge to adopt the point of view of the law in her arguments and decision on the case. .

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