The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses

Released on by Barbara Alicja Warwas
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  • The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses Book Detail

  • Author : Barbara Alicja Warwas
  • Release Date : 2016-09-24
  • Publisher : Springer
  • Genre : Law
  • Pages : 395
  • ISBN 13 : 9462651116
  • File Size : 15,15 MB
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The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses by Barbara Alicja Warwas PDF Summary

Book Description: This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.

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The Liability of Arbitral Institutions

The Liability of Arbitral Institutions

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It is suggested that the current rules regarding liability are insufficient given both the contract responsibilities and the growing public function of arbitral

The Liability of Arbitral Institutions

The Liability of Arbitral Institutions

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The writer suggests to move the discussion on liability from arbitrators to the arbitral organizations. The guide re-evaluates the traditional understanding of