The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses
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The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses
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Author : Barbara Alicja Warwas
language : en
Publisher: Springer
Release Date : 2016-09-24
The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses written by Barbara Alicja Warwas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-24 with Law categories.
This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.
The Enforceability Of The Interim Measures Granted By An Emergency Arbitrator In International Commercial Arbitration
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Author : Junmin Zhang
language : en
Publisher: Springer Nature
Release Date : 2024-09-06
The Enforceability Of The Interim Measures Granted By An Emergency Arbitrator In International Commercial Arbitration written by Junmin Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-06 with Law categories.
This timely book offers a comprehensive study of the emergency arbitrator mechanism that provides interim measures in international commercial arbitration before the constitution of an arbitral tribunal, focusing on the enforceability of the interim measures granted. Based on the traditional legal doctrines of private international law, international dispute resolution, and arbitration law, this book is featured mainly in comparative studies. Six leading arbitral institutions are chosen to conduct systematic research on applying the emergency arbitration rules to establish a general and common procedural framework for emergency arbitration in discussion. Normative and comparative law analyses investigate the status quo of available legal instruments used to recognize and enforce interim measures in emergency arbitration by examining international conventions and three representative chosen jurisdictions, i.e., Singapore, Mainland China, and the USA. Following these two levels of comparison, it highlights and examines the potential doctrinal and practical barriers that may impact the enforceability of interim measures rendered by an emergency arborator. Finally, it proposes various approaches that could be used to improve the enforceability controversy, and it offers innovative suggestions for further research. This book is of particular relevance and interest to students, researchers, and practitioners in dispute resolution and arbitration law, as well as policymakers, legislators, and arbitral institutions considering further reform in international arbitration.
Legitimacy Of Unseen Actors In International Adjudication
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Author : Freya Baetens
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-22
Legitimacy Of Unseen Actors In International Adjudication written by Freya Baetens and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
Arbitration In The Digital Age
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Author : Maud Piers
language : en
Publisher: Cambridge University Press
Release Date : 2018
Arbitration In The Digital Age written by Maud Piers and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Arbitration categories.
"Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration"--
Cambridge Compendium Of International Commercial And Investment Arbitration
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Author : Stefan Kröll
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-02
Cambridge Compendium Of International Commercial And Investment Arbitration written by Stefan Kröll and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Law categories.
The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.
Dalhuisen On Transnational And Comparative Commercial Financial And Trade Law Volume 2
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Author : Jan H Dalhuisen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-07
Dalhuisen On Transnational And Comparative Commercial Financial And Trade Law Volume 2 written by Jan H Dalhuisen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-07 with Law categories.
“... remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” (King's Law Journal) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
The Regulation Of International Commercial Arbitration
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Author : João Ilhão Moreira
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-07-25
The Regulation Of International Commercial Arbitration written by João Ilhão Moreira and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-25 with Law categories.
This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators. The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.
Arbitration Beyond Borders
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Author : Michael Reisman
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-04-25
Arbitration Beyond Borders written by Michael Reisman 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 2023-04-25 with Law categories.
The influential vision and work of the late Guillermo Aguilar Álvarez, one of the world’s leading arbitral innovators, have left the principles and practice of international arbitration with a rich legacy of insight and achievement. In this one-of-a-kind book, thirty-two prominent arbitrators and scholars consider the vital issues that concerned him and to which he often gave a new clarity. Each chapter addresses a cutting-edge issue of contemporary international arbitration, including the following: ethical standards for party representatives in international arbitration responsibilities of international arbitrators in the conduct of proceedings alternatives to investment arbitration corruption and “red flags” in international arbitration abuse of rights in restructuring to access investment protection foreign investment disputes under the United States–Mexico–Canada Agreement 2020 the illegality defense in investor-State arbitration arbitration and insolvency status of annulled awards in investment arbitration the arbitration ‘backlash’ The collection addresses, in depth, some of the most pressing technical and political considerations facing international arbitration today. Its focus will enable arbitrators and all whose work involves them in the arbitral process, as well as academics in the field, to equip themselves to address critical issues as they arise during the conduct of any international commercial or investment arbitration.
The Use Of Commercial Arbitration Rules In Investment Treaty Disputes
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Author : Joel Dahlquist
language : en
Publisher: BRILL
Release Date : 2021-03-15
The Use Of Commercial Arbitration Rules In Investment Treaty Disputes written by Joel Dahlquist and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-15 with Law categories.
Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
International Arbitration And Technology
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Author : Pietro Ortolani
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-10-11
International Arbitration And Technology written by Pietro Ortolani 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 2022-10-11 with Law categories.
Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.