Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- 31 Composition of the Arbitral Tribunal
- 32 Arbitrator’s Contract
- 33 The Powers, Duties, and Rights of International Arbitrators
- 34 Secretaries to the Arbitral Tribunal
- 35 The Role of Party-Appointed Arbitrators versus That of the Chairperson
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
35 - The Role of Party-Appointed Arbitrators versus That of the Chairperson
from Part VI - The Arbitral Tribunal
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- 31 Composition of the Arbitral Tribunal
- 32 Arbitrator’s Contract
- 33 The Powers, Duties, and Rights of International Arbitrators
- 34 Secretaries to the Arbitral Tribunal
- 35 The Role of Party-Appointed Arbitrators versus That of the Chairperson
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
This chapter discusses – as a matter of comparative law, custom, arbitration rules, soft law and generally adopted practices – the roles and powers attributed to the chairperson and to the party-appointed arbitrators in tribunals composed of three members. The author first examines the evolution in the applicable standards of independence and impartiality with regard to presiding and party-appointed arbitrators; he then considers the express and implied powers bestowed upon, respectively, presiding and party-appointed arbitrators in the course of the proceedings, starting with the tribunal constitution process, addressing also the limits of permitted delegation of powers within tribunals, as well as the distinguishing characteristics of the function of the umpire in the legal systems that provide for it. In the last part of the chapter, the author focuses on the controversy as to the desirability of party-appointments in the contemporary law and practice of international arbitration.
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- Publisher: Cambridge University PressPrint publication year: 2023