Deference in international commercial arbitration : the shared system of control in international commercial arbitration / edited by Franco Ferrari, Friedrich Rosenfeld.

Format:

Book

Contributor:

Ferrari, Franco, Editor.

Rosenfeld, Friedrich, Editor.

Language:

English

Subjects (All):

International commercial arbitration.

Arbitration agreements, Commercial.

Physical Description:

1 online resource (368 p.)

Edition:

1st ed.

Place of Publication:

Kluwer Law International 2023

Summary:

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration.With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise:public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution);public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); andprivate-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution).The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

Contents:

Cover

Half-Title Page

Title Page

Copyright Page

Editors

Contributors

Summary of Contents

Table of Contents

Acknowledgements

Part I Introduction

Chapter 1 Deference in International Commercial Arbitration: Setting the Stage

§1.01 INTRODUCTION

§1.02 DEFERENCE IN A PUBLIC-PRIVATE RELATIONSHIP

[A] Exercise of Supervisory Functions

[1] Determinations by Arbitral Tribunals on Jurisdiction

[2] Determinations by Arbitral Tribunals on Public Policy

[3] Determinations by Arbitral Tribunals on Procedure

[4] Determinations by Arbitral Institutions

[B] Exercise of Supportive Functions

§1.03 DEFERENCE IN A PUBLIC-PUBLIC RELATIONSHIP

[A] Deference to Decisions Annulling an Award

[B] Deference to Decisions Upholding an Award

§1.04 DEFERENCE IN A PRIVATE-PRIVATE RELATIONSHIP

§1.05 CONCLUSION

Chapter 2 Theoretical Reflections on the Role of Deference in International Arbitration

§2.01 DEFERENCE AS THE RECOGNITION OF DECISIONAL AUTHORITY

§2.02 IDENTIFYING THE REASONS FOR DEFERENCE

§2.03 DEFERENCE IN CONTEXT

[A] Deference Between Arbitral Tribunals

[B] Deference from Arbitral Tribunals to Domestic Courts Generated by AI.

Notes:

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

Description based on publisher supplied metadata and other sources.

ISBN:

9789403503271

9403503270

9789403503172

9403503173

OCLC:

1379096581