[PDF] The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses eBook

Author : Barbara Alicja Warwas
Publisher : Springer
Page : 395 pages
File Size : 48,96 MB
Release : 2016-09-24
Category : Law
ISBN : 9462651116

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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.

Author : Barbara Alicja Warwas
Publisher :
Page : 362 pages
File Size : 24,9 MB
Release : 2013
Category : Arbitration (International law)
ISBN :

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This thesis analyses the issue of institutional arbitral liability from an interdisciplinary perspective, incorporating the legal, social, and economic dimensions of institutional functions. The point of departure for the main analysis is the assumption that the current institutional exclusion of liability clauses do not respond well to the multifaceted objectives underlying the performance of institutional arbitration actors (both arbitral institutions and institutional arbitrators). In view of this, the thesis identifies the optimal scope of institutional arbitral liability. It is hypothesised that the legal approach to institutional arbitral liability (focusing on the explanation of the contractual bonds and institutional activity through the lenses of various contract law theories) alone is insufficient to accommodate all aspects of institutional performance. It is argued that the contractual obligations of institutional arbitration actors should be analysed in view of the social and economic goals of institutional regimes. Social goals refer to the questions of authority and legitimacy of institutional arbitration (whether in its internal or external aspects), while economic aims refer to the traditional commercial function that arbitral institutions assume in the so-called "market" for arbitration services. Therefore, the thesis suggests that institutional arbitral liability should be based on the three pillars of institutional functions, namely: the legal, social and economic aspects of institutional regimes. The thesis also identifies the emerging public function of institutional arbitration vis-à-vis its traditional commercial function that for long tried to reduce institutional activity to a pure provision of arbitration services. The public function implies the growing private regulatory powers of arbitral institutions in and outside arbitration processes, as well as the increasingly exclusive institutional prerogatives in the administration of publicly oriented arbitrations. The public function supports the proposals for institutional arbitral liability provided in this thesis, as it requires certain public oversight of the fairness and accountability of the contemporary institutional arbitration processes.

Author : Philipp Habegger
Publisher : Juris Publishing, Inc.
Page : 214 pages
File Size : 48,50 MB
Release : 2013-03-01
Category : Law
ISBN : 1937518132

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The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.

Author : Robert Rhodes
Publisher : Createspace Independent Publishing Platform
Page : 394 pages
File Size : 30,70 MB
Release : 2018-06
Category :
ISBN : 9781722199180

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It is suggested that the current rules regarding liability are insufficient given both the contract responsibilities and the growing public function of arbitral organizations and that institutional arbitral liability is therefore necessary. The guide also links the contemporary features of arbitral organizations to recent controversy regarding authenticity difficulties in international commercial mediation. Replying to these difficulties, a model of institutional contract liability is suggested that encourages arbitral organizations to proactively control the opportunity of their liability. Arbitral organizations have recently appeared as powerful stars with new features in and outside mediation procedures. The author provides move the controversy on liability from arbitrators to the arbitral organizations. The guide re-evaluates the traditional understanding of the position, features, and liability of arbitral organizations and is recommended for mediation students, experts, and students.

Author : Remy Gerbay
Publisher :
Page : 0 pages
File Size : 17,61 MB
Release : 2016
Category : Arbitration (International law)
ISBN : 9789041162175

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'The Functions of Arbitral Institutions' offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. For many decades, users of institutional arbitration have resolved cross-border disputes successfully through institutional arbitration without fully understanding the precise nature of the functions exercised by arbitral institutions and their impact on proceedings. Even though practitioners and arbitrators have gathered significant expertise as to the manner in which arbitrations ought to be conducted, many misconceptions remain.

Author : Ethan Briggs
Publisher : Createspace Independent Publishing Platform
Page : 394 pages
File Size : 46,34 MB
Release : 2018-07-26
Category :
ISBN : 9781724241849

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The writer suggests to move the discussion on liability from arbitrators to the arbitral organizations. The guide re-evaluates the traditional understanding of the position, features, and liability of arbitral organizations and is recommended for mediation students, experts, and students. It is suggested that the current rules regarding liability are insufficient given both the contract responsibilities and the growing public function of arbitral organizations and that institutional arbitral liability is therefore necessary. The guide also links the modern features of arbitral organizations to recent controversy regarding authenticity difficulties in international commercial mediation. Replying to these difficulties, a model of institutional contract liability is suggested that encourages arbitral organizations to proactively control the opportunity of their liability.

Author : David Lebron
Publisher : Createspace Independent Publishing Platform
Page : 394 pages
File Size : 18,35 MB
Release : 2017-07-13
Category :
ISBN : 9781979807319

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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.

Author : James Boykin
Publisher : Createspace Independent Publishing Platform
Page : 394 pages
File Size : 50,73 MB
Release : 2017-04-05
Category :
ISBN : 9781977862693

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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.

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 651 pages
File Size : 39,15 MB
Release : 2019-08-22
Category : Law
ISBN : 1108485855

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Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.