The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses

Nonfiction, Reference & Language, Law, Arbitration, Negotiation, & Mediation, International
Cover of the book The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses by Barbara Alicja Warwas, T.M.C. Asser Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Barbara Alicja Warwas ISBN: 9789462651111
Publisher: T.M.C. Asser Press Publication: September 24, 2016
Imprint: T.M.C. Asser Press Language: English
Author: Barbara Alicja Warwas
ISBN: 9789462651111
Publisher: T.M.C. Asser Press
Publication: September 24, 2016
Imprint: T.M.C. Asser Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from T.M.C. Asser Press

Cover of the book Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings by Barbara Alicja Warwas
Cover of the book Universal Jurisdiction: The Sierra Leone Profile by Barbara Alicja Warwas
Cover of the book Prisoners of the International Community by Barbara Alicja Warwas
Cover of the book Lex Sportiva: What is Sports Law? by Barbara Alicja Warwas
Cover of the book CAS and Football: Landmark Cases by Barbara Alicja Warwas
Cover of the book The Use of Force against Ukraine and International Law by Barbara Alicja Warwas
Cover of the book Services of General Economic Interest as a Constitutional Concept of EU Law by Barbara Alicja Warwas
Cover of the book Yearbook of International Humanitarian Law, Volume 20, 2017 by Barbara Alicja Warwas
Cover of the book Employment and Labour Relations Law in the Premier League, NBA and International Rugby Union by Barbara Alicja Warwas
Cover of the book Brussels Ibis Regulation by Barbara Alicja Warwas
Cover of the book Foreign Fighters under International Law and Beyond by Barbara Alicja Warwas
Cover of the book Public Services and the European Union by Barbara Alicja Warwas
Cover of the book The Duty of Care of International Organizations Towards Their Civilian Personnel by Barbara Alicja Warwas
Cover of the book Google and the Law by Barbara Alicja Warwas
Cover of the book Fair and Equitable Treatment and the Fabric of General Principles by Barbara Alicja Warwas
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy