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

No. 714E

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

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