The Impartiality and Independence of Arbitrators in International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Impartiality and Independence of Arbitrators in International Commercial Arbitration write by Stavroula Angoura. This book was released on 2022-01-11. The Impartiality and Independence of Arbitrators in International Commercial Arbitration available in PDF, EPUB and Kindle. Since arbitrator's impartiality and independence constitutes the bedrock of international arbitration, more and more recent arbitral awards have been annulled or vacated on the grounds of lack of arbitrator's impartiality. This work investigates whether a common international public policy core exists with regard to the concepts of impartiality and independence of arbitrators in international commercial arbitration. The book addresses the different constellations of arbitrator bias as considered by the courts of various jurisdictions, especially France, England, Switzerland, Greece and Germany. By introducing the 'justifiable doubts' to an arbitrator's impartiality criterion and analyzing the above-mentioned national case law, the book categorizes instances that constitute lack of impartiality with reference to and interpretation of the IBA Guidelines on Conflicts of Interest in International Arbitration 2014. The work examines and systematizes how arbitrator impartiality can be contested at different stages of procedure: upon constitution of the arbitral tribunal, during arbitration proceedings, as well as after the rendering of the award at annulment, recognition or enforcement stage, while providing answers to the following questions: what must an arbitrator disclose; should an arbitrator investigate a possible fact or circumstance that may affect her impartiality, and to what extent; what is the relevance of the fact affecting arbitrator impartiality being obvious, well-known or easily accessible by the parties; under which preconditions could a party waive its right to contest lack of impartiality-implicitly or expressly. This study focuses specifically on the institution of waiver and analyses how it prevents a party from contesting arbitrator impartiality at the next procedural stage, should it fail to follow the specific procedures and preconditions - an issue that is unexamined in the literature to date.
Independence and Impartiality in International Commercial Arbitration
Independence and Impartiality in International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Independence and Impartiality in International Commercial Arbitration write by Ilka Hanna Beimel. This book was released on 2021-08-18. Independence and Impartiality in International Commercial Arbitration available in PDF, EPUB and Kindle. Independence and impartiality are key to any judicial process. The dualistic nature of arbitration, i.e., being judicial and contractual, raises the question of how to set the standard of independence and impartiality in arbitration. On the one hand, arbitrators are decision makers similar to judges. On the other hand, they solve disputes outside the courtroom and are (often) appointed by the parties due to their individual expertise. Against this backdrop, this book analyses the state of play of independence and impartiality. It provides an overview of the current status of independence and impartiality applied in international commercial arbitration, focusing on case law from France, Germany, Switzerland, the United Kingdom, and the United States. The core themes are possible grounds for finding dependence and partiality and their streamline in theoretical standards of independence and impartiality. Additionally, consequences of independence and impartiality are addressed, including the obligation to disclose. This book is useful for practitioners and scholars alike. It may help counsels preparing a challenge, arbitrators defining their obligation to disclose, and scholars analysing independence and impartiality on a more general basis.
Comparative International Commercial Arbitration
Comparative International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative International Commercial Arbitration write by Julian D. M. Lew. This book was released on 2003-01-01. Comparative International Commercial Arbitration available in PDF, EPUB and Kindle. This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
The Independence and Impartiality of ICSID Arbitrators
The Independence and Impartiality of ICSID Arbitrators - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Independence and Impartiality of ICSID Arbitrators write by Maria Nicole Cleis. This book was released on 2017-06-06. The Independence and Impartiality of ICSID Arbitrators available in PDF, EPUB and Kindle. The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Due Process as a Limit to Discretion in International Commercial Arbitration
Due Process as a Limit to Discretion in International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Due Process as a Limit to Discretion in International Commercial Arbitration write by Franco Ferrari. This book was released on 2020-09-25. Due Process as a Limit to Discretion in International Commercial Arbitration available in PDF, EPUB and Kindle. The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.
