Clear Path or Jungle in Commercial Arbitrators' Conflict of Interest?.

Format:

Book

Author/Creator:

Dasser, Felix.

Contributor:

Dasser, Felix, Editor.

Series:

ASA Special

ASA Special ; v.48

Language:

English

Subjects (All):

International commercial arbitration.

Conflict of interests.

Physical Description:

1 online resource (190 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2021.

Summary:

In arbitral proceedings, objections and challenges related to arbitrators' conflicts of interest can readily escalate into acrimony. Moreover, the alleged fear of bias has engendered a veritable jungle of rules and guidelines, complicating and even undermining the process. In this book's innovative approach to this thorny subject, prominent specialists representing three stakeholding groups--users, institutions, and state courts--impart firsthand information on their respective practices and policies concerning arbitration, and then proceed to recommend promising paths to harmonizing guidelines and establishing clear and reasonable criteria.Drawing on papers presented at a conference sponsored by the Swiss Arbitration Association (ASA), the contributions respond in depth to such questions as the following:How much independence and impartiality do users seek?What are users expecting and to what extent do expectations differ with regard to the users' own arbitrator, the arbitrator appointed by the opponent, and the chairperson?In what ways can party-appointed arbitrators impact independence and impartiality?When and why should an arbitrator be challenged?How much uniformity exists among the various sets of institutional rules and guidelines, relating in particular to the constitution of the arbitral tribunal?Contributors come from a representative range of major commercial jurisdictions, including England, France, Germany, Singapore, Switzerland, and the United States.With its deeply informed, practice-based views from users, arbitral institutions, major jurisdictions, and practitioners, this remarkably thorough overview of arbitrators' conflicts of interest will facilitate informed choice of jurisdictions and arbitral institutions for users and assist arbitrators in ascertaining their disclosure obligations. It will be highly valued by corporate counsel, arbitral institutions, arbitrators, judges, and academics interested in international arbitration.

Contents:

Half-Title Page

Title Page

Copyright Page

Programme of the Conference

Editor

Contributors

Summary of Contents

Table of Contents

Preface

Chapter 1 Introduction

Panel 1 The View from the Users

Chapter 2 The View from the Users: Summary

1. Introduction

2. How Much Independence and Impartiality Do Users Seek?

3. What Expectations Do Users Have from the Different Members of the Tribunal?

4. How Important Is a Right of Each Party to Appoint an Arbitrator?

5. When and Why Should an Arbitrator Be Objected Against/Challenged?

Chapter 3 Statement on Selected Topics in International Arbitration from the User’s Perspective

1. Arbitrator Independence and Impartiality

2. Expectations of Different Members of a Three-Member Arbitral Tribunal

3. How Important Is a Party’s Right to Appoint an Arbitrator?

4. When and Why Should an Arbitrator Be Objected Against/Challenged?

Panel 2 Practical Experience: The View from Major Institutions

Chapter 4 Conflicts of Interest under the SIAC Rules

1. Threshold for Disclosure?

2. Procedure for Objections/Challenges

2.1. Objections

2.2. Challenges

3. Criteria for Appointing Arbitrators

Chapter 5 The View from the LCIA on Conflicts of Interest Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9789403535432

9403535431

9789403535425

9403535423

OCLC:

1263024855