Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Lowe legislation jp
Sealy millman 2018 jp
Court protection no 2
Desmith out now
Uk supremem 1 8
Williams published

The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses

ISBN13: 9789462651104
Published: October 2016
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £112.00

Low stock.

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.

Arbitration and Dispute Resolution
Status and Functions of Modern Arbitral Institutions
The Triad of Modern Functions of Arbitral Institutions - In Search of the Sources and Scope of Institutional Arbitral Liability
Do Not Sue Us! On How the Current Institutional Regulations of Liability Do Not Respond to the Triad of Institutional Functions
The Legal Dimension of Institutional Arbitration: On the Current National Regulations and "Visions" of Institutional Arbitral Liability
Cutting the Gordian Knot: Proposals for the Institutional Reform of Arbitral Liability
The Level and Scope of the Public Regulations on Institutional Arbitral Liability: Proposals
Conclusion. Risk Acceptance Versus Risk Avoidance: On Why Arbitral Institutions Should Eventually Reform their Liability.