Publisher:
International Chamber of Commerce, Paris, France
Whether arbitration is only as good as the arbitrator is a question that has often been asked. Indeed, an arbitration procedure can be a quick and efficient means of dispute resolution that can save parties a lot of money compared to a court...
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Whether arbitration is only as good as the arbitrator is a question that has often been asked. Indeed, an arbitration procedure can be a quick and efficient means of dispute resolution that can save parties a lot of money compared to a court procedure. However, arbitral awards, unlike court judgements, are not subject to ordinary judicial remedies and there is no recourse available against an award which is substantially wrong. Therefore, anyone interested in international arbitration, whether experienced arbitrator or in-house counsel working with contracts and arbitration clauses, should read this compilation of expert views on thorny issues like: Clashes between arbitrator and litigants; Arbitral discrimination under English and EU law; The arbitrator's relation with third parties; Confidentiality issues; Rules of law vs. freedom of the arbitrator. Invaluable companion for practitioners and scholars alike, this publication looks at the relationship between the qualities of the arbitrators and the arbitrators' "work-products", namely the award and the arbitral process itself.--Publisher description
Cover title. - Includes bibliographical references. - Description based on print version record
Includes bibliographical references
Foreword / by Yves DerainsIntroduction / by Yves Derains and Laurent Lévy, co-editors -- 1. Sed quis custodiet ipsos custodes? On jurisdiction upon arbitrators / Alexis Mourre -- 2. The four musketeers of arbitral duty: neither one-for-all nor all-for-one / William W. Park -- 3. The laws or rules of law applicable to the merits of a dispute and the freedom of the arbitrator / Pierre Mayer -- 4. Arbitrators and choice-of-law decisions / Kevin K. Kim -- 5. The arbitrator and the litigants (some exceptional clashes) / Antonias Dimolitsa -- 6. Arbitral discrimination under English and EU law / V.V. Veeder -- 7. The arbitrator and confidentiality / Julian D.M. Lew -- 8. "Ceci n'est pas un article" / José Emilio Nunes Pinto -- 9. Concluding remarks / Bernard Hanotiau -- Index -- Contributors -- ICC at a glance.
