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The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses

2016-09-24 Law
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Release : 2016-09-24
Genre : Law
Kind : eBook
Book Rating : 116/5 ( reviews)

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Book Synopsis The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses by : Barbara Alicja Warwas

Download or read book The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses written by Barbara Alicja Warwas. This book was released on 2016-09-24. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.

The Liability of Arbitral Institutions

2017-07-13
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Release : 2017-07-13
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Kind : eBook
Book Rating : 319/5 ( reviews)

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Book Synopsis The Liability of Arbitral Institutions by : David Lebron

Download or read book The Liability of Arbitral Institutions written by David Lebron. This book was released on 2017-07-13. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students.

The Liability of Arbitral Institutions

2017-04-05
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Release : 2017-04-05
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Kind : eBook
Book Rating : 693/5 ( reviews)

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Book Synopsis The Liability of Arbitral Institutions by : James Boykin

Download or read book The Liability of Arbitral Institutions written by James Boykin. This book was released on 2017-04-05. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students.

Arbitral Institutions Under Scrutiny: ASA Special Series No. 40

2013-03-01 Law
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Release : 2013-03-01
Genre : Law
Kind : eBook
Book Rating : 132/5 ( reviews)

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Book Synopsis Arbitral Institutions Under Scrutiny: ASA Special Series No. 40 by : Philipp Habegger

Download or read book Arbitral Institutions Under Scrutiny: ASA Special Series No. 40 written by Philipp Habegger. This book was released on 2013-03-01. Available in PDF, EPUB and Kindle. Book excerpt: The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.

The Liability of Arbitral Institutions

2018-06
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Release : 2018-06
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Book Rating : 180/5 ( reviews)

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Book Synopsis The Liability of Arbitral Institutions by : Robert Rhodes

Download or read book The Liability of Arbitral Institutions written by Robert Rhodes. This book was released on 2018-06. Available in PDF, EPUB and Kindle. Book excerpt: It is suggested that the current rules regarding liability are insufficient given both the contract responsibilities and the growing public function of arbitral organizations and that institutional arbitral liability is therefore necessary. The guide also links the contemporary features of arbitral organizations to recent controversy regarding authenticity difficulties in international commercial mediation. Replying to these difficulties, a model of institutional contract liability is suggested that encourages arbitral organizations to proactively control the opportunity of their liability. Arbitral organizations have recently appeared as powerful stars with new features in and outside mediation procedures. The author provides move the controversy on liability from arbitrators to the arbitral organizations. The guide re-evaluates the traditional understanding of the position, features, and liability of arbitral organizations and is recommended for mediation students, experts, and students.

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