Home >
Law >
Arbitration / Mediation / Litigation >
Independence and Impartiality in International Commercial Arbitration: An Analysis with Comparative References to English, French, German, Swiss, and United States Law

Independence and Impartiality in International Commercial Arbitration: An Analysis with Comparative References to English, French, German, Swiss, and United States Law

Author: Ilka Hanna Beimel
Publisher: Eleven International Publishing
ISBN: 9789462362079
Published In: August 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,336.65

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

Introduction

1. Introduction to International Commercial Arbitration

Applicable Laws, Rules, and Guidelines

3. Overview of the Compared Legal Systems

3.1 France

3.2 Germany

3.3 Switzerland

3.4 United Kingdom

3.5 United States

4. Conflicts of Interest

5. Other Potential Grounds for Challenge or Annulment Based on Dependence and Partiality

6. The Applicable Standard of Independence and Impartiality