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Players Interaction in International Arbitration

Edited by Bernard Hanotiau, Alexis Mourre


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ICC Dossiers Volume 9

Arbitration is a consensual justice. The actors of international trade expect it, among other advantages, to allow adapting the procedure to the characteristics of each case taking into account the parties’ mutual expectations and their cultural origins.

Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and other actors of the proceedings, including arbitral institutions. Numerous factors however can negatively affect the arbitration procedure. Excessive aggressiveness of the parties and their counsel, an increase in the number of incidents, importation into arbitration of adversarial techniques peculiar to state litigation, documents inflation, lack of availability of the arbitrator.

This publication does not aim to draw up an assessment of arbitration’s drifts, but aims at thinking in a prospective way about the means to ensure that arbitration remains a real alternative to state justice, efficient, harmonious and at the same time respectful of the parties’ rights. It will evoke the duties different actors of arbitration have towards others, the means one should implement to ensure a smooth functioning of the arbitral tribunal, and the challenges arbitral institutions have to cope with.

The contributions in this Dossier IX, Players’ Interaction in International Arbitration, tackle these issues from the points of view of arbitrators, counsel, corporate lawyers and arbitral institutions, bringing to bear the knowledge and experience of some of today’s leading experts in the field of arbitration.

The contributors to this Dossier include:

  • Doak Bishop
  • Karl-Heinz Böckstiegel
  • Teresa Y.W. Cheng
  • Jean-André Diaz
  • Hamid Gharavi
  • Judith Gill
  • Horacio Grigera Naón
  • Karl Hennessee
  • Peter Leaver
  • Laurent Lévy
  • Justin Li
  • Julian D.M. Lew
  • Annette Magnusson
  • Constantine Partasides
  • Eduardo Silva Romero
  • Margrete Stevens
  • Pierre Tercier
  • V.V. Veeder
The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.

An ICC Services publication, distributed by Kluwer Law International.

Last Updated 04/13/2015
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041160997
SKU 10059400-0001
Table of Contents

Foreword. Yves Derains

Introduction. Bernard Hanotiau, co-editor

Chapter one What duties do counsel owe to the tribunal and why? Horacio A. Grigera Naón

Chapter two. Document exchanges and the collision of ethical duties of counsel from different legal systems Doak Bishop and Margrete Stevens

Chapter three The Role of Users V.V. Veeder

Chapter four In-house counsel: why they should be more involved in the arbitral process Karl Hennessee

Chapter five The tribunal’s rights and duties: what do parties and arbitrators bargain for? Julian .M. Lew, Qc

Chapter six The chairman’s role in the arbitral tribunal’s dynamics Laurent Lévy

Chapter seven Secretaries to arbitral tribunals Constantine Partasides

Chapter eight Immunity and liability of arbitrators: what is the proper balance? Eduardo Silva Romero

Chapter nine. Do institutions really add value to the arbitral process? Karl-Heinz Böckstiegel

Chapter ten Reciprocal duties of institutions and arbitrators Peter Leaver, Qc

Chapter eleven Transparency: is it really needed and to what extent? Judith Gill, Qc

Chapter twelve Liability of arbitration institutions: what does the future hold? Teresa Y.W Cheng And Justin Li

Chapter thirteen Debate: does each player meet the others’ expectations? does the arbitration process meet the users’ expectations? Jean-André Diaz, Hamid Gharavi, Annette Magnusson, Pierre Tercier

Concluding Remarks Alexis Mourre, co-editor


Table of cases

About the authors

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