The Functions of Arbitral Institutions

"The Functions of Arbitral Institutions" by Remy Gerbay offers a detailed and nuanced exploration of the role and functions of arbitral institutions in the context of institutional arbitration. Here is a comprehensive overview of the book:

Key Themes

1. Diverse Reality of Institutional Arbitration: The book provides a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, challenging conventional assumptions about the role of arbitral institutions.
2. Conventional Assumptions: Gerbay identifies and critically assesses conventional assumptions about the functions of arbitral institutions, highlighting that these assumptions often portray institutions as mere administrators with no decision-making power or as having immaterial decision-making roles.
3. Systematic Study of Arbitration Institutions: The book conducts a systematic study of the activities performed by over 40 international arbitration institutions, including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, and CEPANI.
4. Court Decisions and Jurisdictions: It examines court decisions on the nature of the functions exercised by such institutions in leading civil law and common law jurisdictions, such as France, England and Wales, the United States, and Switzerland.
5. Due Process Standards: The thesis argues that arbitral institutions can be more accurately described as ancillary participants in the adjudicative process, and their decisions should call upon the application of some due process standards.

Plot Summary

The book is structured to provide a comprehensive understanding of the functions of arbitral institutions. It begins by identifying conventional assumptions about these institutions and then critically assesses these assumptions. The core of the book is a systematic study of the activities of various international arbitration institutions, examining their arbitration rules, internal documents, and relevant court decisions. This study aims to offer a more realistic representation of the functions of arbitral institutions, challenging the conventional portrayals that often depict them as mere administrators or having immaterial decision-making roles.

Critical Reception

While specific reviews of the book are not provided in the search results, the descriptions suggest that it is highly regarded for its detailed and systematic approach to understanding the complex reality of institutional arbitration. The book is considered invaluable for both academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.

In summary, "The Functions of Arbitral Institutions" by Remy Gerbay is a seminal work that provides a clear and nuanced overview of the diverse and complex reality of institutional arbitration. It challenges conventional assumptions about the role of arbitral institutions, offering a detailed analysis of their activities and the application of due process standards in their decision-making processes. The book is highly recommended for those seeking a comprehensive understanding of the functions of arbitral institutions in the context of international arbitration.