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 : | 978-92-842-0246-1 |
| Number of pages : | 159 |
| Publishing date : | 2011 |
| Language : | English |
| Format in cm : | N/A |
Contents
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 Partner, Derains Gharavi, France; Former secretary General, icc international court of Arbitration; incoming chairman, icc institute of World business Law
Antonias Dimolitsa Partner, Antonias Dimolitsa & Associates, Greece; Vice-chairman, icc commission on Arbitration; incoming Vice-chairman, icc institute of World business Law bernard Hanotiau Partner and Professor, Hanotiau & van den berg, belgium; council Member, icc institute of World business Law; council Member, iccA
Kap-You (Kevin) Kim Partner and Head of international Litigation & Arbitration Group, bae, Kim & Lee, Korea; Member, icc international court of Arbitration; secretary General, international council for commercial Arbitration (iccA) serge Lazareff Partner, Lazareff Le bars, France; chairman, icc institute of World business Law Laurent Lévy Partner, Lévy Kaufmann-Kohler, switzerland; Vice-chairman, icc international court of Arbitration; council Member, icc institute of World business Law
Julian D.M. Lew, Qc barrister, 20 Essex street chambers, united Kingdom; Professor and Head, school of international Arbitration, Queen Mary, university of London; council Member, icc institute of World business Law Pierre Mayer Professor of Law, university of Paris i; Partner, Dechert LLP, France; council Member, icc institute of World business Law Alexis Mourre Partner, castaldi Mourre & Partners, France; Vice-President, icc international court of Arbitration; incoming Vice-chairman, icc institute of World business Law
José Emilio nunes Pinto Founding Partner, José Emilio nunes Pinto Advogados, Brazil William A. Park Professor of Law, boston university, united states; General Editor, Arbitration international; President, London court of international Arbitration (LciA) V.V. Veeder, Qc Essex court chambers, united Kingdom; council Member, icc institute of World business Law