Is Arbitration only As Good as the Arbitrator? Status, Powers and Role of the Arbitrator - Institute Dossier VIII

No. P714E

ISBN : 978-92-842-0109-9

Is Arbitration only as Good as the Arbitrator? addresses a question that has often been asked. Indeed, an arbitration procedure can be a quick and efficient means of dispute resolution that can save parties a lot of money compared to a court procedure. However, arbitral awards, unlike court judgments, are not subject to ordinary judicial remedies and there is no recourse available against an award which is substantially wrong.

herefore, anyone interested in international arbitration, whether experienced arbitrator or in-house counsel working with contracts and arbitration clauses, should read this compilation of expert views on thorny issues like:

  • Clashes between arbitrator and litigants
  • Arbitral discrimination under English and EU law
  • The arbitrator’s relation with third parties
  • Confidentiality issues
  • Rules of law vs. freedom of the arbitrator

Invaluable companion for practitioners and scholars alike, this publication looks at the relationship between the qualities of the arbitrators and the arbitrators' “work-products”, namely the award and the arbitral process itself.

The Institute of World Business Law’s ‘Dossiers’ is a series that has gained international prestige. The Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law including arbitration.

Code ISBN : 978-92-842-0109-9
Weight : 0.2800 kgs
Number of pages : 159
Publishing date : 2011
Language : English
Format in cm : 16*23,9


Foreword by Yves Derains ...5 

Introduction by Yves Derains and Laurent Lévy, Co-Editors ...7 

1. Sed quis custodiet ipsos custodes? on jurisdiction upon arbitrators ...13 

by Alexis Mourre 

2. The fours musketeers of arbitral duty: neither one-for-all nor all-for-one ...25 

by William W. Park 

3. The laws or rules of law applicable to the merits of a dispute and the freedom of the arbitrator ...47

by Pierre Mayer 


4. Arbitrators and choice-of-law decisions ...65 

by Kevin K. Kim 

5. The arbitrator and the litigants (some exceptional clashes) ...69 

by Antonias Dimolitsa 

6. Arbitral discrimination under English and EU law ...91 

by V.V. Veeder 

7. The arbitrator and confidentiality ...105 

by Julian D.M. Lew 

8. "Ceci n'est pas un article" ...131 

by José Emilio Nunes Pinto 

9. Conclusing remarks ...137 

by Bernard Hanotiau 

Index ...141 

Contributors ...159 

ICC at a glance ...166 


Yves Derains

Laurent Lévy


Yves Derains

Laurent Lévy

Alexis Mourre

William W. Park

Pierre Mayer

Kevin K. Kim

Antonias Dimolitsa

V.V. Veeder

Julian D.M. Lew

José Emilio Nunes Pinto

Bernard Hanotiau

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