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The Functions of Arbitral Institutions

ISBN13: 9789041162175
Published: August 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £189.00

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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.

What’s in this book:

Readers will find thoroughly researched answers to such questions as the following:

  • What is, in essence, institutional arbitration?
  • How does the internal organization of arbitral institutions affect how they discharge their duties?
  • To what extent does the role of institutions vary from one set of rules to another?
  • Do some institutions participate in the overall adjudication of the disputes they administer?
  • How does due process apply to arbitral institutions?
This is the first in-depth study on the role of arbitral institutions in the proceedings submitted to them, explaining systematically the interaction among arbitral tribunals, parties, and institutions.

Drawing both on the author’s wide experience and on a carefully designed survey, the book provides a systematic study of the activities performed by more than forty leading international arbitration institutions worldwide, including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI. The book examines the arbitration rules of each tribunal together with internal documents where available and provides detailed analyses of a wealth of relevant court decisions from leading civil law and common law jurisdictions, with particular emphasis on France, England and Wales, the United States, and Switzerland.

How this will help you:

This book offers to readers, whether practitioner or academic, the ‘theoretical keys’ needed to understand the arbitral process and the role of one of its main players. The reader gets in a single volume a complete panorama of the diverse reality of institutional arbitration. It also offers a novel manner of understanding the role of such arbitral institutions (paradigm shift) and challenges the conventionally held beliefs and assumptions as to the role of institutions – no other book has examined the nature of the role in such detail. This book is thus invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.

Arbitration and Alternative Dispute Resolution
About the Author
List of Figures
List of Tables
List of Abbreviations

Chapter 1 Understanding the Notion of Arbitral Institution: Definitions and Typologies
Chapter 2 Institutional Arbitration as a Growing Phenomenon: Quantitative Growth, “Institutionalization” and “Judicialization”
Chapter 3 An Overview of the Activities of Arbitral Institutions: Institutional Arbitration as a Multifacted Reality
Chapter 4 The Traditional Representations of the Role of Institutions: A Critical Evaluation
Chapter 5 A Realistic Representation of the Role of Institutions: Arbitral Institutions as Ancillary Participants in the Adjudicative Process
Chapter 6 General Conclusion

Appendix: Template of Questionnaire Sent out to Arbitral Institutions
Table of Cases
Table of Arbitration Rules Examined

Series: International Arbitration Law Library

Arbitrators and Arbitral Institutions: Liability and Insurance ISBN 9789403509051
To be published February 2020
Kluwer Law International
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print