Boekhandel Douwes Den Haag

International Commerce and Arbitration

Independence and Impartiality in International Commercial Arbitration

An Analysis with Comparative References to English, French, German, Swiss, and United States Law

Ilka Hanna Beimel

Independence and Impartiality in International Commercial Arbitration

International Commerce and Arbitration

Independence and Impartiality in International Commercial Arbitration

An Analysis with Comparative References to English, French, German, Swiss, and United States Law

International Commerce and Arbitration: Independence and Impartiality in International Commercial Arbitration

 

This book provides an overview of the current status of independence and impartiality applied in international commercial arbitration.


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Beschrijving International Commerce and Arbitration: Independence and Impartiality in International Commercial Arbitration

Independence and impartiality are key to any judicial process. The dualistic nature of arbitration, i.e., being judicial and contractual, raises the question of how to set the standard of independence and impartiality in arbitration. On the one hand, arbitrators are decision makers similar to judges. On the other hand, they solve disputes outside the courtroom and are (often) appointed by the parties due to their individual expertise.

Against this backdrop, this book analyses the state of play of independence and impartiality. It provides an overview of the current status of independence and impartiality applied in international commercial arbitration, focusing on case law from France, Germany, Switzerland, the United Kingdom, and the United States. The core themes are possible grounds for finding dependence and partiality and their streamline in theoretical standards of independence and impartiality. Additionally, consequences of independence and impartiality are addressed, including the obligation to disclose.

This book is useful for practitioners and scholars alike. It may help counsels preparing a challenge, arbitrators defining their obligation to disclose, and scholars analysing independence and impartiality on a more general basis.


ISBN
9789462362079
Pagina's
354
Verschenen
Serie
International Commerce and Arbitration
NUR
828
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
Eleven international publishing

Internationaal Recht