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Book Details

Law » Arbitration Law » Arbitration

 
Challenge and Disqualification of Arbitrators in International Arbitration

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Challenge and Disqualification of Arbitrators in International Arbitration

Authors :

Karel Daele

ISBN :

9789041137999

Publisher :

Kluwer Law International Netherland

Imprint :

Kluwer Law International

Cover Price :

Ä 160.00

CD Included :

No

Pages :

541

Binding :

Hardback

Publication Year :

2012

   

Challenge and Disqualification of Arbitrators in International Arbitration

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 arbitratorís duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest;
the arbitratorís 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 arbitratorís relationship with a party/counsel in the arbitration and the relationship between the arbitratorís 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.





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