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Challenge and Disqualification of Arbitrators in International Arbitration

Challenge and Disqualification of Arbitrators in International Arbitration

Author: Karel Daele
Publisher: Kluwer Law International
ISBN: 9789041137999
Published In: January 2012
Format: Hardback , 576 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following:-

the arbitrator’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest;
the arbitrator’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest;
the formal and timing requirements of making a challenge;
the challenge procedure and effect on the arbitral proceeding;
the standard for disqualifying arbitrators;
the consequences of a successful challenge;
issues of independence giving raise to challenges, including multiple appointments, the arbitrator’s relationship with a party/counsel in the arbitration and the relationship between the arbitrator’s law firm and a party/counsel;
issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose.

In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.

1. Disclosure. 2 . Making a Challenge.
3. The Timing of a Challenge.
4. Challenge Procedure.
5. Standard for Disqualification.
6. Challenge and Disqualification on the Ground of Independence Issues.
7. Challenge and Disqualification on the Ground of Impartiality Issues.

Annex 1: Table of ICSID Challenge Decisions.

Annex 2: Extracts from the Legislative History of the ICSID Convention.