Chapter 45 - Obstacles To Overcome - International Arbitration Law And Practice, Third Edition

Author(s):

Mauro Rubino-Sammartano

Page Count:

16 pages

Media Description:

1 PDF Download

Published:

January, 2014

Practice Areas:

Arbitrators and Arbitral Tribunals,

Practice & Procedure

Author Detail:

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

PDF184.42 KB

$40.00

Description:

Originally from International Arbitration Law and Practice, Third Edition

A PANEL OR A SOLE ARBITRATION

45.1. A Panel Instead of a Sole Arbitrator

The desire for symmetry will induce many to prefer that each party appoint “its own arbitrator.”

Nevertheless, equal treatment of the parties is to be sought independent of such preferences: First, because party-appointed arbitrators only rarely escape being influenced in one way or another by those who appoint them. Second, because party-appointment of an arbitrator doesn’t always ensure that the best solution of the dispute will be found, and the conduct of one party-appointed arbitrator may induce the other party-appointed arbitrator to also take sides to balance the other arbitrator’s partiality. When such situations arise, the chairman becomes the only neutral arbitrator and the one who ultimately makes the decision.

Furthermore, use of a panel of arbitrators substantially increases the costs of the proceedings.

Table of Contents:

CHAPTER 45: OBSTACLES TO OVERCOME

A Panel or a Sole Arbitrator
45.1 A Panel Instead of a Sole Arbitrator
The Tronc Commun versus Conflicts Rules
45.2 Artificial Conflicts Rules to Be Replaced by the Tronc Commun
Lack of Rules of Evidence before Submittal to Arbitration
45.3 Lack of Rules of Evidence before Submittal to Arbitration
Court Interference
45.4 Court Interference
Lack of Constructive Dialogue
45.5 Lack of Constructive Dialogue
Too Many Special Arbitration Laws
45.6 Too Many Special Arbitration Laws
Favor and Sfavor Arbitratus
45.7 Favor and Sfavor Arbitratus
Insufficient Use of Documents-Only and of Online Arbitration
45.8 Insufficient Use of Documents-Only and of Online Arbitration
More Care in Awarding Costs in Arbitration
45.9 More Care in Awarding Costs in Arbitration
Prejudging
45.10 Prejudging
Formal versus Absolute Truth
45.11 Formal versus Absolute Truth