Arbitrator Impartiality and Academic Expression: The Ukraine v. Russia Case in PCA

Chao Wang

JEAIL Volume 18, Number 2 (2025), 255-280

Abstract

This article examines the 2024 decision in Ukraine v. Russia (PCA Case No. 2019-28), in which a United Nations Convention on the Law of the Sea tribunal upheld challenges to two arbitrators – Donald McRae and Rüdiger Wolfrum – due to their prior support for a 2022 L’Institut de Droit International’s Declaration condemning Russian aggression. The tribunal found that the involvement of these arbitrators raised justifiable doubts as to impartiality, highlighting the expanding role of perceived bias in inter-State arbitration. In a forceful dissent, Christopher Greenwood cautioned against conflating general academic expression with prejudgment, emphasizing the need for judicial restraint and procedural integrity. This note explores the tribunal’s reasoning, dissenting views, procedural standards, and comparative jurisprudence, including Canfor v. USA and Perenco v. Ecuador. It reflects on the growing tension between academic freedom and arbitrator impartiality, evolving disclosure norms, and the risk of strategic challenges in politically sensitive disputes, with implications for the future practice of international adjudication.

View full text ▶