Legal mechanisms of E-justice for Ensuring Independence and Impartiality of Arbitrators in Light of International Practice
ABSTRACT:
E-democracy is becoming" an increasingly important trend in the world of legal and political practice. In 2009, the European Council identified the role and place of e-democracy as a means to ...
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read moreLiability of Arbitrators
ABSTRACT:
The article addresses the notion of liability of arbitrators from an academic perspective, by focusing on various arbitration regulations. Also, the article focuses on the notions of independence, ...
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read moreSubjective and Objective Impartiality of Arbitrators and Appointing Authorities as a Part of Procedural Public Policy (Ordre Public) in Arbitration
ABSTRACT:
Selection and appointment of arbitrators is one of the crucial issues of arbitration. Laws and rules applicable to arbitration usually do not impose any special requirements on arbitrators, except ...
page 47 - 74
read moreDoes EU Law Impact an Arbitrator’s Independence and Impartiality?
ABSTRACT:
The discussion stretches over the full range of arbitration matters from the autonomy of arbitration, the recognition of the arbitral award as mandatory by the parties, to the acknowledgment and ...
page 75 - 92
read moreThe Distinctive Features of Independence and Impartiality of Arbitrators in Insurance Matters
ABSTRACT:
We can find discussions of the independence and impartiality of arbitrators in the rules of permanent arbitration institutions. This includes both those with general jurisdiction (i.e. the Stockholm ...
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read moreThe Impartiality of Arbitrators in the Italian System considering the Code of Civil Procedure and Arbitration Institutional Rules
ABSTRACT:
The impartiality of arbitrators is one of the most important principles of the arbitration system. Due to this, the Italian legislature protects it with preventive and subsequent measures. In ...
page 115 - 132
read moreThe Partiality of Arbitrators
ABSTRACT:
This article briefly presents the complexity of the issue of partiality in arbitration. It is a phenomenon which is complicated in national as well as international arbitration proceedings since one ...
page 133 - 150
read moreThe Influence of Violation of the Independence and Impartiality Rules on the Enforceability and Effectiveness of the Arbitral Award
ABSTRACT:
The rules of independence and impartiality of arbitrators are guaranteed by various mechanisms. These include the duty imposed upon an arbitrator to disclose any circumstances likely to give rise to ...
page 151 - 170
read moreConstruction Dispute Boards
ABSTRACT:
Legally, construction projects involve specific issues because they bring with them a large number of hazards and related risks. Each project is unique, being accompanied by variations and ...
page 171 - 184
read moreApplication of the Reasonableness Standard in Continental Courts and Arbitral Tribunals
ABSTRACT:
Justice pursued in front of arbitral tribunals, especially justice concerning international disputes, is characterized by few formalities, an absolute guarantee of an adversarial procedure and a ...
page 185 - 206
read moreDouble requirement or double standard? A comparison of arbitrators’ independence and impartiality with that of state court judges in Austria and Germany
ABSTRACT:
The double requirement of “independence and impartiality”, which arbitrators have to deal with can now be found in virtually any institutional rules of procedure, applicable to arbitral ...
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read moreIndependence and impartiality of arbitrators and mediators – The Castor and Pollux of the ADR world?
ABSTRACT:
The article deals with a comparison of the independence and impartiality of arbitrators and mediators. The two ADR institutions are often assimilated, but the obligations imposed on each of the ...
page 229 - 248
read moreThe Challenge of Arbitrators and the Impact on the Functioning of Arbitral Tribunals
ABSTRACT:
The external and internal impact of the challenge of an arbitrator are addressed. In case of a challenge, the functioning of the arbitral tribunal may become conditional upon an external factor, ...
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read moreChallenge procedure in institutional and ad hoc arbitration under the new regulations in the revised UNCITRAL Arbitration Rules
ABSTRACT:
The right to challenge an arbitrator is an essential part of arbitral due process. The challenge procedure depends on whether it is carried out in ad hoc arbitration or institutional arbitration. ...
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