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Chapter Six - The Tribunal

Published online by Cambridge University Press:  05 June 2012

Margaret L. Moses
Affiliation:
Loyola University, Chicago
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Summary

Because arbitration is a private dispute resolution process lacking some of the safeguards of a national legal system, the quality of the tribunal has a significant impact on maintaining parties’ confidence in arbitration as a system that works. This chapter focuses on issues of the tribunal's appointment, qualifications, and duties – all of which bear on the integrity of the process and on the efficiency and effectiveness of the dispute's resolution.

APPOINTMENT OF ARBITRATORS

Choosing arbitrators who will preside over the proceedings and issue an award is perhaps the most important thing a lawyer does with respect to resolving the client's dispute. The skill, experience, and knowledge of the arbitrators will have a significant impact on the quality of the process and of the award. In addition, arbitrators are fundamentally more powerful than judges, because unlike judges, their decision usually cannot be overturned on the basis of fact or law. An arbitrator can misinterpret the law or make an egregious mistake based on the facts of the case, and counsel will generally be unable to vacate the award resulting from the mistakes. Thus, it behooves lawyers to plan carefully how they are going to select their decision makers.

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Publisher: Cambridge University Press
Print publication year: 2012

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References

Hunter, Martin 2009
Dezalay, YvesGarth, Bryant G. 1996
Bishop, DoakReed, LucyPractical Guidelines for Interviewing, Selecting and Challenging Party-Appointed Arbitrators in International Commercial Arbitration 14 1998
SeppäläObtaining the Right International Arbitral Tribunal: A Practitioner's View 22 2007
Bishop, DoakReed, Lucy 1998
Aksen, GeraldThe Tribunal's Appointment 35 2004
2004
Bond, Stephen R. 1988
Nicholas, GeoffPartasides, ConstantineLCIA Court Decision on Challenges to Arbitrators: A Proposal to Publish 23 2007
Van Houtte, VeraWilske, StephanYoung, MichaelWhat's New in European Arbitration? 6 2005
Windsor, Kathryn A.Defining Arbitrator Evident Partiality: The Catch-22 of Commercial Litigation Disputes 6 2009
Rogers, Catherine A.The Ethics of International ArbitratorsJuris Publishing 2008Google Scholar
Platte, MartinAn Arbitrator's Duty to Render Enforceable Awards 20 2003
Kalicki, JeanReflections on the LCIA Arbitrator ChallengesKluwerArbitration Blog 2011Google Scholar
Rogers, Catherine A.Regulating International Arbitrators: A Functional Approach to Developing Standards of Conduct 41 117 2005
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2007
Bond, Stephen R.The Selection of ICC Arbitrators and the Requirement of Independence 4 1988
Nicholas, GeoffPartasides, ConstantineLCIA Court Decision on Challenges to Arbitrators: A Proposal to Publish 23 2007
Born, Gary 2009
Franck, Susan D.The Liability of International Arbitrators: A Comparative Analysis and Proposal for Qualified Immunity 20 2000
Rasmussen, MatthewOverextending Immunity: Arbitral Institutional Liability in The United States, England, And France 26 2003

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  • The Tribunal
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.008
Available formats
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  • The Tribunal
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.008
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • The Tribunal
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.008
Available formats
×