On 16 October 2026, Olga Boltenko participated in an invitation-only roundtable discussion hosted by the IBA Arbitration Committee Task Force on the Nationality of the Arbitrator as a Proxy for Independence and Impartiality at the Hong Kong International Arbitration Centre (HKIAC). The event brought together a select group of arbitration practitioners from across Asia and beyond to discuss one of the enduring questions in international arbitration: does an arbitrator’s nationality remain a meaningful proxy for independence and impartiality?
Examining a long-standing assumption
The Task Force was established to examine the extent to which an arbitrator’s nationality influences perceptions of independence and impartiality across different arbitral settings, including commercial, investment and sports arbitration. Its work seeks to assess whether traditional assumptions about nationality continue to reflect the realities of modern international arbitration practice.
The Hong Kong roundtable was the fourth regional consultation organised by the Task Force, following discussions in Abu Dhabi, Singapore and Berlin. The purpose of the roundtables is to gather regional perspectives and practical insights that can inform the Task Force’s ongoing comparative analysis and future recommendations.
Key topics for discussion
The agenda focused on four principal themes. Participants first considered the relationship between independence, impartiality and neutrality, and whether nationality genuinely serves to protect any of those concepts in practice. Discussion then turned to the meaning of “nationality” itself, including whether it should be confined to citizenship or whether factors such as residence, professional identity, legal culture and personal affiliations are equally relevant.
The third and most extensive session examined regional perceptions of nationality in arbitrator appointments. Participants discussed whether nationality remains an important consideration in arbitrations conducted in the region, how local courts and arbitral institutions have addressed nationality-related issues, and whether other considerations may be more influential when assessing an arbitrator’s suitability. The final session explored potential alternatives to nationality-based safeguards and considered what indicators might better promote confidence in the independence and impartiality of tribunals.
A changing international landscape
The discussions reflected broader trends identified in the Task Force’s preliminary research. The project has already examined legal frameworks, institutional rules and case law across more than 50 jurisdictions and has highlighted the increasingly international nature of the arbitration community. Preliminary findings suggest that challenges based solely on an arbitrator’s nationality remain relatively rare, while factors such as professional experience, legal culture, connections to the parties and broader issues of independence often assume greater significance in practice.
As international arbitration continues to evolve, questions surrounding nationality, neutrality and legitimacy remain relevant. The Hong Kong roundtable provided an opportunity for practitioners to engage openly with these issues and contribute regional perspectives to what is likely to become an important body of research for the arbitration community.
Prince’s Chambers is pleased that Olga was able to contribute to this discussion and looks forward to following the Task Force’s future research, findings and recommendations.
To find out more about Olga, please visit her profile here.
