7 Arbitral Tribunal: (Articles 24 to 34)

2020 ◽  
Author(s):  
Yu Jianlong ◽  
Cao Lijun
Keyword(s):  
Ethical Issues ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Party Autonomy ◽  
The Right

This chapter highlights the arbitral tribunal. The right of parties to select arbitrators for arbitrating their disputes is probably the most important aspect of party autonomy in international arbitration. The chapter discusses: the duties of an arbitral tribunal (Article 24); the number of arbitrators (Article 25); the nomination and appointment of arbitrator (Articles 26 to 31); challenge to the arbitrator (Article 32); and the replacement of arbitrator (Article 33) in CIETAC arbitrations. Article 24 clarifies that arbitrators, particularly party-nominated arbitrators, shall not represent either party, shall handle the case independently, and treat both parties equally. In order to understand this provision it is necessary to look into the relevant statutory provisions in the PRC Arbitration Law and the CIETAC’s specific regulations on the ethical issues of arbitrators. The chapter concludes by discussing the ability of the majority of the arbitral tribunal to continue with the arbitration after the conclusion of the last hearing (Article 34).

scholarly journals La entrada e intervención de terceros en el arbitraje comercial internacional = Joinder and intervention of additional parties in international commercial arbitration

2020 ◽  
Vol 12 (1) ◽  
pp. 365
Author(s):  
María Victoria Sánchez Pos
Keyword(s):  
Third Parties ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
The Right ◽  
Privacy And Confidentiality

Resumen: En el marco del arbitraje multiparte, la entrada e intervención de terceros es definida como la incorporación de partes adicionales a un arbitraje ya iniciado. Este mecanismo procesal presenta, sin embargo, multitud de dificultades que derivan de la naturaleza eminentemente consensual de la institución arbitral. Así, entre otras, la constancia de la voluntad -expresa o tácita- de todas las partes involucradas en el arbitraje a la entrada del tercero o la salvaguarda de su derecho esencial de participar de manera directa y equitativa en la constitución del tribunal arbitral y de las garantías de privacidad y confidencialidad del arbitraje. Partiendo de estas someras premisas, este trabajo tiene como objetivo el análisis crítico de las disposiciones específicas sobre la admisibilidad y presupuestos de la entrada e intervención de nuevas partes en el arbitraje que las instituciones arbitrales internacionales de mayor relevancia han regulado en los últimos años.Palabras clave: Entrada, intervención, terceros, partes adicionales, arbitraje multiparte, tribunal arbitral.Abstract: One of the major challenges that international arbitration has faced in the last decades is the regulation of multiparty arbitrations, which involve a confrontation between more than two parties with opposing interests. In this context, joinder and intervention deals with the need, in terms of justice and efficiency, to bring an additional party into the proceedings when the arbitration may already be in progress. However, the main characteristic of arbitration is its consensual nature. For this reason, mechanisms for joinder or intervention present considerable difficulties related to the principle of party autonomy, the right to equally participate in the nomination of the arbitrators and the protection of privacy and confidentiality in arbitration proceedings. Apart from dealing with these difficulties, the author discusses in this article the latest joinder provisions contained in leading arbitral rules.Keywords: Joinder, Intervention, Third parties, Additional parties, Multiparty Arbitration, Arbitral Tribunal

scholarly journals Agreements Limiting or Expanding Grounds for Annulling International Arbitral Awards

2020 ◽  
pp. 130-157
Author(s):  
Dragana Nikolić
Keyword(s):  
Judicial Review ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Party Autonomy ◽  
Successful Resolution ◽  
The Law ◽  
Arbitral Proceedings

Within the traditional framework of international arbitration, an arbitral tribunal produces a final and binding award, which can be only exceptionally annulled based on the narrowly tailored grounds available under the law of the seat. However, parties sometimes seek to limit or expand the grounds for annulment, hoping to increase the chances for successful resolution of their dispute. As the clauses modifying the scope of judicial review become more popular, important questions come to the fore with respect to their validity, application and usefulness. This paper will analyse the compatibility of these clauses with the nature of arbitration, by examining their compliance with the principles of party autonomy and finality. Main characteristics and application of these arbitration clauses will be also discussed. In addition, the author will explore how the stipulation of these clauses affects the quality of awards, integrity of arbitral proceedings and enforceability of awards abroad.

International Arbitration

1966 ◽  
Vol 60 (2) ◽  
pp. 413-418
Author(s):  
John R. Stevenson
Keyword(s):  
United States ◽  
The United States ◽  
Air Transport ◽  
Advisory Opinion ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
The Right

Italy-United States Air Transport Arbitration. Advisory Opinion of Tribunal After a dispute had arisen between the United States and Italy as to the rights of American air lines to operate all-cargo services to Italy, the question was submitted to the arbitral tribunal: “Does the Air Transport Agreement between the United States and Italy of February 6, 1948, as amended, grant the right to a designated airline of either party to operate scheduled flights carrying cargo only?”

8 Formation and Challenge of the Arbitral Tribunal: (SIAC RULES 9 TO 18)

2018 ◽  
Author(s):  
Choong John
Keyword(s):  
Arbitral Tribunal ◽  
International Arbitration ◽  
Party Autonomy ◽  
Do So

The ability of parties to influence the constitution of their arbitral tribunal is an important manifestation of party autonomy in international arbitration. This chapter first discusses the means by which parties can do so pursuant to Rules 9 to 13. Specifically, Rule 9 covers the number and appointment of arbitrators; Rule 10 provides a default procedure for the nomination and appointment of a sole arbitrator should the parties fail to agree on a candidate; Rule 11 discusses the appointment of arbitrators; Rule 12 covers the multi-party appointment of arbitrator(s); and Rule 13 deals with the qualifications of arbitrators. The chapter then considers the procedures for, and consequences of, a party challenging an appointed arbitrator under Rules 14 to 18.

scholarly journals Arbitral Tribunal Power to Disqualify Unethical Counsel

2015 ◽  
Vol 4 (4) ◽  
pp. 15 ◽  
Author(s):  
Cristina Florescu
Keyword(s):  
Ethical Issues ◽  
Conflicts Of Interest ◽  
International Standards ◽  
Current Status ◽  
Soft Law ◽  
Arbitral Tribunal ◽  
Binding Effect ◽  
The Subject ◽  
The Right ◽  
Professional Guidelines

In specific matters of conflicts of interest ethical issues in connection with the parties' legal representatives could occur in the course of arbitration proceedings. The purpose of this paper is to identify and investigate the current status of the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of interest. Parties have a fundamental right to choose the counsel and in the same time the right to an independent and impartial tribunal, therefore the source of the arbitral tribunal power to disqualify a counsel is a hot topic. There are no express provisions granting arbitrators such power, only soft law instruments, but which have no binding effect as long as the parties do not agree on them. For these reasons, two renowned cases where international arbitral tribunals have dealt with the subject are examined. Developing “truly transnational” ethical rules and their implementation by the arbitral institutions might be a solution. Arbitral tribunals are establishing this issue on the basis of the undertaken and applied international soft law (professional guidelines) which gained credibility and popularity and also became accepted international standards in the arbitration field.

scholarly journals A Healthy Sense of Trust

2017 ◽  
Vol 2 (Suppl. 1) ◽  
pp. 1-10
Author(s):  
Denis Horgan
Keyword(s):  
European Union ◽  
Clinical Trials ◽  
Big Data ◽  
Data Protection ◽  
Fast Moving ◽  
Ethical Issues ◽  
Personalised Medicine ◽  
Drug Pricing ◽  
The Right ◽  
The Eu

In the fast-moving arena of modern healthcare with its cutting-edge science it is already, and will become more, vital that stakeholders collaborate openly and effectively. Transparency, especially on drug pricing, is of paramount importance. There is also a need to ensure that regulations and legislation covering, for example the new, smaller clinical trials required to make personalised medicine work effectively, and the huge practical and ethical issues surrounding Big Data and data protection, are common, understood and enforced across the EU. With more integration, collaboration, dialogue and increased trust among each and every one in the field, stakeholders can help mould the right frameworks, in the right place, at the right time. Once achieved, this will allow us all to work more quickly and more effectively towards creating a healthier - and thus wealthier - European Union.

COHABITANTS IN PRIVATE LAW: TRUST, FRUSTRATION AND UNJUST ENRICHMENT IN ENGLAND, GERMANY AND CANADA

2013 ◽  
Vol 62 (3) ◽  
pp. 629-665 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Intimate Relationships ◽  
Case Law ◽  
Private Law ◽  
Party Autonomy ◽  
Unjust Enrichment ◽  
Legislative Action ◽  
The Law ◽  
Canadian Provinces ◽  
The Right ◽  
English Canadian

AbstractNeither in England, nor in Germany, nor in all Canadian provinces, does the law provide specific rules for the redistribution of property for unmarried cohabitants after the breakdown of their relationship. Instead, courts apply the law of trusts, contract and unjust enrichment with an eye to the characteristics of intimate relationships, as, for example, in decisions like the EnglishJones v Kernott([2011] UKSC 53) and the CanadianKerr v Baranow(2011 SCC 10). This article compares English, Canadian, and German case law and evaluates it both from a doctrinal perspective and as a part of a general approach towards cohabitation. The article concludes with an appeal for legislative action that strikes the right balance between party autonomy and protection of the weaker party.

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