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

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

Edited by Felix Dasser,
By Diana Akikol, Claudia Annacker, Álvaro López de Argumedo Piñei, Federico Alberto Cabona, Alexander G. Fessas, Laurent Gouiffès, Ulrich Hagel, Jamie Harrison, Paula Hodges, James Menz, Gabrielle Nater-Bass, Wolfgang Peter, Laurence Shore
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Overview

ASA Special Series #48

About this book:

Clear Path or Jungle in Commercial Arbitrators’ Conflict of Interest? is a first-of-its-kind book with an innovative approach to a tricky subject. In arbitral proceedings, objections and challenges related to arbitrators’ conflicts of interest can instead augment acrimony. Likewise, the alleged fear of bias has fostered a downright jungle of rules and guidelines, complicating and undermining the process. Eminent experts representing three stakeholding groups—users, institutions, and state courts—furnish firsthand information on their respective practices and policies regarding arbitration and then advance to recommend promising paths to harmonize guidelines and establish clear and reasonable criteria.
What’s in this book:
Conducing to papers presented at a conference courtesy of the Swiss Arbitration Association (ASA), the contributions respond in depth to the following questions:

  • How much independence and impartiality do users seek?
  • What are users expecting, and to what extent do expectations differ concerning 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 hail from a representative range of major commercial jurisdictions, including England, France, Germany, Singapore, Switzerland, and the United States.
 

How this will help you:
With profoundly informed, practice-based views from users, arbitral institutions, major jurisdictions, and practitioners, this exceptionally comprehensive overview of arbitrators’ conflicts of interest will expedite the informed choice of jurisdictions and arbitral institutions for users and assist arbitrators in ascertaining their disclosure obligations. It will be well-appreciated by corporate counsel, arbitral institutions, arbitrators, judges, and academics interested in international arbitration.

 

Last Updated 07/14/2021
Product Line Kluwer Law International
ISBN 9789403535418
SKU 10091017-0001
Table of Contents

PROGRAMME OF THE CONFERENCE

Editor

Contributors

Preface

CHAPTER 1
Introduction
Wolfgang Peter

Panel 1
The View from the Users

CHAPTER 2
The View from the Users: Summary
Felix Dasser

CHAPTER 3
Statement on Selected Topics in International Arbitration from the User’s Perspective
Ulrich Hagel & James Menz

Panel 2
Practical Experience: The View from Major Institutions

CHAPTER 4   
Conflicts of Interest under the SIAC Rules
Claudia Annacker

CHAPTER 5   
The View from the LCIA on Conflicts of Interest
Jamie Harrison

CHAPTER 6   
SCAI’s Approach to Conflicts of Interest
Gabrielle Nater-Bass

Panel 3   
Practical Experience: The View from State Courts

CHAPTER 7   
The View from the State Courts on Conflicts of Interest: Introduction
Felix Dasser

CHAPTER 8    
The View from the Swiss Courts on Conflicts of Interest, Disclosure, Objection, and  Challenges 
Diana Akikol

CHAPTER 9    
The View from the French Courts: Disclosures – Objections – Challenges: Clear Path or Jungle in Commercial Arbitrators’ Conflicts of Interest?
Laurent Gouiffès

CHAPTER 10   
The View from the English Courts on Conflicts of Interest: Halliburton and Beyond
Paula Hodges QC

CHAPTER 11    
The View from U.S. Courts on Conflicts of Interest
Laurence Shore & Federico Alberto Cabona

Panel 4
The Debate: Is There Enough Uniformity? Not Enough? More Than Enough?

CHAPTER 12   
Transcript Panel 4 – The Debate: Is There Enough Uniformity? Not Enough? More than Enough?
Charles Kaplan & Felix Dasser¿

CHAPTER 13    
Interaction Between the IBA Guidelines on Conflicts of Interest of Arbitrators and the ICC Arbitration Rules
Álvaro López de Argumedo Piñeiro

APPENDIX
Selected Rules and Regulations on Conflicts of Interest

Disclaimer: This title is in pre-production and any names, credits or associations are subject to change. The current table of contents and subject matter is for pre-release sample purposes only.

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