Challenge and Disqualification of Arbitrators in International Arbitration
By: Karel Daele
In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitratorand’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitratorand’s relationship with a party/counsel in the arbitration and the relationship between the arbitratorand’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose. In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.
AI Overview
The book "Challenge and Disqualification of Arbitrators in International Arbitration" by Karel Daele provides a comprehensive analysis of the grounds and procedures involved in challenging and disqualifying arbitrators in international arbitration. Here is a detailed overview of the book:
Key Themes
- Comparative Law Analysis: The book offers a first-in-depth comparative law analysis of the challenge and disqualification of arbitrators under various international arbitration rules, including ICSID, UNCITRAL Rules, and ICC rules.
- Grounds for Challenge: It examines the various grounds on which arbitrators can be challenged, such as lack of impartiality, independence, or bias, as well as procedural irregularities.
- Procedural Guidelines: The author delves into the procedural guidelines and standards set by major international arbitration tribunals, including relevant case law from the United States, France, England, Sweden, and Switzerland.
- National Case Law: The book discusses how national case law influences and is influenced by international arbitration practices, providing a nuanced understanding of the interplay between national and international legal frameworks.
Plot Summary
The book is structured to provide a thorough examination of the challenges and disqualifications of arbitrators in international arbitration. It begins with an introduction to the importance of impartiality and independence in arbitration, followed by a detailed analysis of the rules and procedures governing challenges under different arbitration regimes. The author then delves into specific case studies and national case law to illustrate the practical application of these rules and guidelines. The book concludes with a discussion on the future directions and potential reforms in the field of arbitration.
Critical Reception
While specific reviews of the book are not readily available, the book has been recognized for its thorough research and comprehensive analysis. It is considered a seminal work in the field of international arbitration, providing a detailed and authoritative treatment of the subject matter. The book is published by Kluwer Law International, a reputable publisher in the field of international law, which further underscores its credibility and relevance.
Publication Details
- Title: "Challenge and Disqualification of Arbitrators in International Arbitration"
- Author: Karel Daele
- Publisher: Kluwer Law International
- Publication Date: January 2012
- ISBN: 9789041137999
Overall, "Challenge and Disqualification of Arbitrators in International Arbitration" by Karel Daele is a seminal work that offers a comprehensive and authoritative analysis of the complex issues surrounding the challenge and disqualification of arbitrators in international arbitration. Its comparative law approach and detailed examination of procedural guidelines and national case law make it a valuable resource for practitioners, scholars, and anyone involved in international arbitration.