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Party-Appointed Arbitrators in International Commercial Arbitration

ISBN13: 9789041166715
Published: April 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £204.00

In stock.

Party-Appointed Arbitrators in International Commercial Arbitration presents a detailed examination, long overdue, of how the agreement of disputing parties to each make a unilateral agreed-upon appointment of an arbitrator affects the actual process of arbitration.

The topic of unilateral nominations itself is of general interest to everyone in the arbitration community. Three-member arbitral tribunals with two party-appointed arbitrators are the most frequent tribunals in international arbitration and, therefore, virtually all arbitration practitioners are often confronted with questions about the system of unilateral nominations.

This book takes a step forward by offering a comprehensive study of the system of party-appointed arbitrators in international commercial arbitration. The study takes a three-pronged approach: historical analysis of unilateral nominations, a theoretical critical assessment of how the system of unilateral nominations currently works and a comparative empirical study of challenges of arbitrators depending on the method of appointment.

What’s in this book

This book’s central critical assessment addresses several issues including:-

  • limits to the right of the parties to make unilateral appointments;
  • the principle of equality of the parties in the constitution of the arbitral tribunal;
  • arbitrators’ duty to be impartial and independent;
  • specific problems of bias in tribunals with party-appointed members;
  • the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense;
  • the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and
  • the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all.
This empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party appointed arbitrators.

The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get.

How this will help you

Party-Appointed Arbitrators in International Commercial Arbitration fills a gap in arbitration literature. Much has been written about party-appointed arbitrators; most articles are focused on particular aspects of the system of unilateral nominations, but there is no comprehensive or monographic study on unilateral appointments in the market such as this work.

For both its thorough and well-informed analysis and its sound recommendations in relation to party-appointed arbitrators, this book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.

Arbitration and Alternative Dispute Resolution
Chapter 1 Introduction.
Chapter 2 Historical Background.
Chapter 3 The Right to Make a Unilateral Appointment.
Chapter 4 The Standard of Impartiality and Independence.
Chapter 5 Problems of Bias in Party-Appointed Arbitrators.
Chapter 6 Problems of Bias: A Comparative Empirical View.
Chapter 7 Concluding Remarks.
Appendix to Chapter 6.

Series: International Arbitration Law Library

Arbitrators and Arbitral Institutions: Liability and Insurance ISBN 9789403509051
To be published March 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
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 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
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
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