Party-appointed Arbitrators in International Commercial Arbitration
By: Alfonso Gomez-Acebo
About This Book
The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators' duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
AI Overview
The book "Party-Appointed Arbitrators in International Commercial Arbitration" is a comprehensive study of the system of party-appointed arbitrators in international commercial arbitration. Here is a detailed overview of the book:
Key Themes
- Historical Analysis: The book provides a historical analysis of unilateral nominations, tracing the evolution of the system over time.
- Critical Assessment: It offers a critical assessment of how the system of unilateral nominations currently works, examining its strengths and weaknesses.
- Comparative Empirical Study: The study includes a comparative empirical analysis of the challenges faced by arbitrators depending on the method of appointment.
- Improvement Suggestions: The book concludes with suggestions on how the system of unilateral appointments could be improved to increase trust between parties and ensure a better match between what arbitration end-users want and what they ultimately get.
Plot Summary
The book delves into the intricacies of party-appointed arbitrators, focusing on three-member arbitral tribunals where two arbitrators are appointed by the disputing parties. It explores the implications of these unilateral nominations on the arbitration process, highlighting the complexities and challenges that arise from this system.
Critical Reception
The book has been well-received in the arbitration community for its thorough and well-informed analysis. It is noted for filling a gap in arbitration literature by providing a comprehensive and monographic study on unilateral appointments, which is a topic often discussed in fragmented articles. Professionals and academics in the arbitral community have welcomed the book for its sound recommendations and detailed examination of the system.
Key Points
- Comprehensive Study: The book offers a comprehensive study of party-appointed arbitrators, addressing various aspects of the system.
- Thorough Analysis: It includes a detailed examination of how the agreement of disputing parties to make unilateral appointments affects the arbitration process.
- Recommendations: The book provides suggestions for improving the system to enhance trust and accuracy in the appointment process.
Overall, "Party-Appointed Arbitrators in International Commercial Arbitration" is a significant contribution to the field of arbitration, offering insights and recommendations that are valuable for both practitioners and academics.