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.
Challenge and Disqualification of Arbitrators in International Arbitration
Challenge and Disqualification of Arbitrators in International 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 Challenge and Disqualification of Arbitrators in International Arbitration write by Karel Daele. This book was released on 2012. Challenge and Disqualification of Arbitrators in International Arbitration available in PDF, EPUB and Kindle. In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitratorand’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitratorand’s relationship with a party/counsel in the arbitration and the relationship between the arbitratorand’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose. In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.
The Impartiality and Independence of Arbitrators in International Commercial Arbitration
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 of Arbitrators
Independence of 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 Independence of Arbitrators write by . This book was released on 2008. Independence of Arbitrators available in PDF, EPUB and Kindle.
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.
