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

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

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041184139
  • Published In: June 2017
  • Format: Hardback , 464 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    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.

     

    Features

    • The book is intended as a Liber Amiocrum for Dr. Pierre A. Karrer, one of the most prominent and experienced international arbitrators, a respected author of articles and a recent Kluwer book (Introduction to International Arbitration Practice: 1001 Questions and Answers). The book will celebrate the career of Dr. Karrer by publishing articles written by leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, Dr. Karrer’s extensive professional career.
    • The book will focus on arbitrators’ powers and roles in arbitration proceedings, a topic which is widely discussed but understudied. It is also a topic that Dr. Karrer has focused on during his career, a topic which has generated academic debate and has significant practical consequences. Dr. Karrer has advocated for a strong arbitrator role in arbitration proceedings, which can be seen in his lectures, presentations, publications as well as in his own arbitrations.
    • The publication of the book ties in with the discussions, generated since the launch of the IBA Guidelines on Ethics in 2014, on whether arbitrator’s should police counsel as well as the arbitration proceeding itself. Similarly, recent discussions on corruption and trade sanctions raise issues of arbitrators’ powers and roles in arbitration proceedings, as do the powers of emergency arbitrators, powers of arbitrators to order interim measures, discovery and to raise issues of public policy ex officio. These are just some of the current issues based in the role and power of arbitrators.

    Benefits

    • 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 be?
    • What is the nature of the arbitrator’s relationship to 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 secretaries?
  • 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

  • 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).

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