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The Powers and Duties of an Arbitrator: Liber Amicorum Pierre A. Karrer

Edited by Patricia Shaughnessy, Sherlin Tung
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Overview

About the editors:

Patricia Shaughnessy directs the Master of International Commercial Arbitration Law program at Stockholm University and chairs the “Arbitration and Dispute Resolution Section” of the Stockholm Centre for Commercial Law. Patricia is the Vice-Chair of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce, having served on the Board since 2006.

Sherlin Tung is the Litigation & Arbitration Counsel for Semperit AGH olding and is based in Vienna, Austria. Sherlin began her career in international arbitration when she trained directly under the supervision of Dr. Karrer. She is a licensed attorney in the states of New York and California (inactive status).

About this book:

The Powers and Duties of an Arbitrator focuses on powers and duties of arbitrators in arbitration proceedings, a topic which has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, Dr. Pierre A. Karrer stands out as exemplifying and advocating the responsible exercise of powers to fulfil the duties of an arbitrator.  At a time when arbitration is under ever greater scrutiny and subject to ever more searching and sometimes hostile enquiries, Dr. Karrer’s work provides an example of how good the arbitral process can be when it is in the hands of a master. This book adds to the substantial contributions resulting from Dr. Karrer’s career. More than thirty leading arbitration practitioners and academics worldwide who have been a part of, and have been influenced by, Dr. Karrer’s extensive professional career have contributed to this book celebrating Dr. Karrer’s career on the occasion of his seventy-fifth birthday.

What’s in this book:

Inspired by Dr. Karrer’s interest in and his advocacy of a strong arbitrator role, as evidenced in his lectures, presentations and publications as well as in his role as an arbitrator, the contributions in this book consider questions such as the following:

  • What are the sources of an arbitrator’s power?
  • What are the limits of an arbitrator’s power?
  • Should arbitrators have a role in encouraging settlement?
  • May arbitrators regulate and impose sanctions against counsel?
  • How managerial should arbitrators be?
  • What are the duties and liabilities of arbitrators?
  • What is the nature of the arbitrators’ relationship with arbitral institutions?
  • Are emergency arbitrators actually “arbitrators”?
  • Should arbitrators raise issues of arbitrability and public policy ex officio?
  • To what extent may arbitrators delegate tasks and use tribunal secretaries?

The extensive range and high standard of the contributions in this book, as well as the diversity and prominence of its contributors are a testament to the esteem and affection in which Dr. Karrer's held.  The contributors to this book celebrate Dr. Karrer's influence in the arbitration field and join in his commitment to improving the practice of arbitration.

How this will help you:

With an ever increasing global growth in the international arbitration community, this book offers an abundance of thought-provoking yet practical commentary and guidance for practitioners, academics and students in the field of international arbitration and international commercial law, allowing them to also stay “up to date” in these fields.The contents of this book address and provide an extensive analysis of some of the most discussed and debated “hot issues” in arbitration today.

Pages 464
Publish Date 06/23/2017
Product Line Kluwer Law International
ISBN 9789041184139
SKU 9041184139
Table of Contents

Editors

Contributors

Foreword

Preface

CHAPTER 1
Taming the Twin Dragons of International Arbitration: Cost and Delay
Gerald Aksen

CHAPTER 2
One Shot Players and Arbitrator Selection: A Fair Shot or a Shot in the Dark?
Chiann Bao

CHAPTER 3
Third-Party Funding and the International Arbitrator
Louise Barrington

CHAPTER 4
The Arbitrator Dr. Martin Regli: Pierre Karrer’s Alter Ego
Klaus Peter Berger

CHAPTER 5
The Role of National Courts at the Threshold of Arbitration
George A. Bermann

CHAPTER 6
Pierre Karrer
David J. Branson

CHAPTER 7
Is Efficiency an Arbitrator’s Duty or Simply a Character Trait?
Nadia Darwazeh

CHAPTER 8
The Role of Party-Appointed Arbitrators
Siegfried H. Elsing & Alexander Shchavelev

CHAPTER 9
Concurrent Proceedings in Investment Arbitration
Emmanuel Gaillard

CHAPTER 10
The Role of the Arbitrator in Energy Disputes
Robert Gaitskell Q.C. CEng.

CHAPTER 11
Annulled International Arbitral Awards and Remand: Can/Should the Same Arbitral Tribunal Take the Case Anew? A Short Analysis from a Swiss Perspective
Teresa Giovannini

CHAPTER 12
Foreign Mandatory Norms in Swiss Arbitration Proceedings: An Approach Worth Copying?
Daniel Girsberger

CHAPTER 13
The Arbitrator’s Duty of Efficiency: A Call for Increased Utilization of Arbitral Powers
Philipp Habegger

CHAPTER 14
Latin and International Arbitration
Kaj Hobér

CHAPTER 15
The Angelic Arbitrator Versus The Rogue Arbitrator: What Should an Arbitrator Strive to Be?
Günther J. Horvath

CHAPTER 16
Assessment of Future Damages in Arbitration
Hans van Houtte

CHAPTER 17
The Problem of Undisclosed Assistance to Arbitral Tribunals
Benjamin Hughes

CHAPTER 18
Standard of Proof for Challenge Against Arbitrators: Giving Them the Benefit of the Doubt
Michael Hwang SC & Lynnette Lee

CHAPTER 19
The Use of Experts in International Arbitration
Neil Kaplan CBE QC SBS

CHAPTER 20
How Far Should an Arbitrator Go to Get It Right?
Jennifer Kirby

CHAPTER 21
Sanctioning of Party Conduct Through Costs: A Reconsideration of Scope, Timing and Content of Costs Awards
Richard Kreindler & Mariel Dimsey

CHAPTER 22
Promoting Settlements in Arbitration: The Role of the Arbitrator
Stefan Kröll

CHAPTER 23
The Role of Individuals in International Arbitration
Werner Melis

CHAPTER 24
The Pre-hearing Checklist Protocol: A Tool for Organizing Efficient Arbitration Hearings
Michael Moser

CHAPTER 25
About Procedural Soft Law, the IBA Guidelines on Party Representation and the Future of Arbitration
Alexis Mourre

CHAPTER 26
Arbitration and Fine Dining: Two Faces of Efficiency
William W. Park

CHAPTER 27
Should an International Arbitral Tribunal Engage in Settlement Facilitation?
Axel Reeg

CHAPTER 28
Time Limits in International Arbitral Proceedings
Klaus Sachs & Tom Christopher Pröstler

CHAPTER 29
Mandatory Private Treaty Application? On the Alleged Duty of Arbitrators to Apply International Conventions
Ulrich G. Schroeter

CHAPTER 30
The CISG in International Arbitration
Ingeborg Schwenzer & Florence Jaeger

CHAPTER 31
Multi-party, Multi-contract Rules and the Arbitrators’ Role in Finding Consent
Matthew Secomb

CHAPTER 32
The Emergency Arbitrator
Patricia Shaughnessy

CHAPTER 33
Deliberations of Arbitrators
Jingzhou Tao

CHAPTER 34
The Importance of Languages in International Arbitration and How They Impact Parties’ Due Process Rights
Sherlin Tung

CHAPTER 35
Proving Legality Instead of Corruption
Marc D. Veit

CHAPTER 36
An Arbitrator, a Gorilla and an Elephant Walk into a Room …
Jeffrey Waincymer

CHAPTER 37
Procedural Order No. 1: From Swiss Watch to Arbitrators’ Toolkit
Janet Walker & Doug Jones, AO

CHAPTER 38
The Arbitrator’s Jurisdiction at Risk: The Case of Hybrid and Asymmetrical Arbitration Agreements
Jane Willems

CHAPTER 39
Work Ethics of the International Arbitrator, or: The Distinction Between Rendering a Service to the Parties and Being the Parties’ Slave
Stephan Wilske

Volumes