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Deference in International Commercial Arbitration

Deference in International Commercial Arbitration

Author: Franco Ferrari; Friedrich Rosenfeld
Publisher: Kluwer Law International
ISBN: 9789403503073
Published In: May 2023
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,900.57

HKD 1,843.55 Save HKD 57.02 (3%)

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Description
Contents

Details

Deference in International Commercial Arbitration is a trailblazing book wherein eminent arbitration practitioners and academics offer the first comprehensive and structured analysis of deference in international arbitration. In international arbitration, deference implies that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal.

What’s in this book:

Drawing on abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise:

public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution);
public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and
private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution).

How this will help you:

The book makes a significant contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes an enormous leap towards instituting the right counterbalance between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

Editors

Contributors

Acknowledgements

PART I

Introduction

CHAPTER 1

Deference in International Commercial Arbitration: Setting the Stage

Franco Ferrari & Friedrich Rosenfeld

CHAPTER 2

Theoretical Reflections on the Role of Deference in International

Arbitration

Esmé Shirlow