The Arbitrator

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The Powers And Duties Of An Arbitrator

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Author : Patricia Shaughnessy
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-04-15

The Powers And Duties Of An Arbitrator written by Patricia Shaughnessy and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-15 with Law categories.

The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.

The Arbitrator

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Author :
language : en
Publisher:
Release Date : 1885

The Arbitrator written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Arbitration (International law) categories.

So Now You Are An Arbitrator

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Author : Neil Kaplan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-09-19

So Now You Are An Arbitrator written by Neil Kaplan and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-19 with Law categories.

In arbitration, procedure is crucial to ensure acceptance of the process. This book is about the importance of getting the procedure right. It begins with the first-ever request to be an arbitrator and takes the reader through all the stages of an arbitration. It points out some of the pitfalls and contains useful checklists. It gives advice on how to deal with conflicts, conduct hearings, deal with document requests, deal with experts, deal with challenges, agree on fees, draft procedural orders and awards, and how not to take on too much. Written by two experienced and highly respected international arbitrators, the book provides immeasurably valuable guidance on such details of the arbitral process as the following: terms of appointment; appointment of a tribunal secretary; steps to be taken before Procedural Order No. 1; written submissions; witnesses; third-party funding and contingency issues; keeping track of the money; interim measures; and expedited proceedings and early determination. Links to important documents are provided, and nineteen appendices include model forms for documents, agendas, orders, declarations, schedules, and protocols. Providing a veritable treasure trove of invaluable suggestions and hints which would only normally be known to arbitrators of many years’ standing, this eminently practical book will greatly enhance the ability of both new and experienced arbitrators to nip problems in the bud. It will also be of interest to counsel who appear in arbitrations and who may benefit from seeing things from the tribunal’s point of view. As this book will evolve into a ‘living’ book on the Kluwer website, the authors will continue to keep pace with developments in the field of international arbitration.

Arbitration

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Author : Francis E. Miller
language : en
Publisher: FEM Publishing
Release Date : 1994

Arbitration written by Francis E. Miller and has been published by FEM Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Arbitration and award categories.

International Commercial Arbitration And The Arbitrator S Contract

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Author : Emilia Onyema
language : en
Publisher: Routledge
Release Date : 2010-04-05

International Commercial Arbitration And The Arbitrator S Contract written by Emilia Onyema and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-05 with Business & Economics categories.

This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

Economic Analysis Of The Arbitrator S Function

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Author : Bruno Guandalini
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-06-16

Economic Analysis Of The Arbitrator S Function written by Bruno Guandalini and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-16 with Law categories.

Economic Analysis of the Arbitrator’s Function Bruno Guandalini Arbitration has become an important market, where arbitrators are rational economic agents maximizing their utility. Although this is self-evident, it is rarely discussed. This penetrating book is the first to comprehensively analyze the market for arbitrators and arbitrators’ economic role within it. In great depth, the author tackles such salient issues as the following: effect of perceived inefficiencies and high costs on arbitration legitimacy; alleged commercialization of the arbitrator’s function; possible ethical problem raised by financial remuneration for rendering justice; what motivates a person to arbitrate; market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market; structural and artificial entry barriers; effect of an arbitrator’s strategic behavior on the arbitrator’s function; limitations on an arbitrator’s rationality; and preventing and correcting these limitations. Numerous references to customs and procedures in major arbitral jurisdictions and to international laws and conventions affecting the efficiency of the arbitrator’s function are included. Pursuing a non-prescriptive analysis, the author draws on the discipline of law and economics, rational choice theory, behavioral economics, and psychological work on bounded rationality. Understanding the arbitrator’s function as a legal institution that is influenced by the market, this pioneer in developing and systematizing the study of the market for arbitrators and how it works will prove of inestimable value to all stakeholders in the arbitration market. Arbitrators, policymakers, regulators, and academics will be enabled to open the way to a more efficient market for arbitrators and betterment in arbitration worldwide.

The Arbitrator S Handbook

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Author : John W. Cooley
language : en
Publisher: Aspen Publishing
Release Date : 2009-12-15

The Arbitrator S Handbook written by John W. Cooley and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-15 with Law categories.

The Arbitrator's Handbook offers a full range of features geared to assist the arbitrator in performing his or her duties. Chapter One provides basic information on the nature of arbitration, including a description of its stages and types, and its benefits and limitations. Cooley defines the role, authority, and ethics requirements of the arbitrator. Chapter Two describes the prehearing functions and duties of the arbitrator, focusing on the time of initiation of the arbitration as well as the preparation stage. Chapter Three focuses on the arbitrator's hearing functions and duties. It covers such topics as the arbitrator's opening statement, handling preliminary matters, a review of basic rules of evidence, and making rulings on motions and objections. Chapter Four, on the arbitrator's post-hearing functions and duties, addresses such topics as ruling on post hearing motions, deciding the merits of the case, and drafting the award and the opinion supporting the award. In addition, tables and checklists are included in the appendices for key actions at critical stages of the arbitration process. The appendix also contains sample arbitration forms and rules from leading dispute resolution organizations, making this the most comprehensive text available for "hands-on" arbitration instruction.

International Commercial Arbitration And The Arbitrator S Contract

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Author : Emilia Onyema
language : en
Publisher: Routledge
Release Date : 2010-04-05

Examines the formation, nature and effect of arbitrators' contract, addressing topics including the appointment, challenge, removal and duties and rights of arbitrators. This book also examines the practice of various jurisdictions including the USA, England, China, Argentina and Nigeria, alongside relevant case law from the ICSID and the PCA.

So You Really Want To Be An Arbitrator

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Author : Mark Cato
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-26

So You Really Want To Be An Arbitrator written by Mark Cato and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.

This text provides a concise overview of arbitration and offers guidance on the most important legal and practical questions which face the practitioner involved in an arbitration. The book includes:- the applicability of the laws of individual countries; international conventions and bilateral treaties and their relevance to the arbitral process; the arbitration agreement and how an enforceable agreement can be created and enforced, with reference to both institutional arbitration, such as governed by AAA, ICC and LCIA and ad-hoc arbitration; and the arbitral process, from appointment of the tribunal to the award and its enforcement. The jurisdiction, powers and obligations of the tribunal are also examined in detail. The book also examines the role of UNCITRAL in overcoming the lack of unformity in the laws and rule relating to international commercial arbitration.

The Arbitrator

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Author :
language : en
Publisher:
Release Date : 1915

The Arbitrator written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1915 with Arbitration (International law) categories.

The Arbitrator

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