Deference in International Commercial Arbitration

Deference in International Commercial Arbitration
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 560
Release :
ISBN-10 : 9789403503172
ISBN-13 : 9403503173
Rating : 4/5 (72 Downloads)

Book Synopsis Deference in International Commercial Arbitration by : Franco Ferrari

Download or read book Deference in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.


Deference in International Commercial Arbitration Related Books

Deference in International Commercial Arbitration
Language: en
Pages: 560
Authors: Franco Ferrari
Categories: Law
Type: BOOK - Published: 2023-05-12 - Publisher: Kluwer Law International B.V.

DOWNLOAD EBOOK

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respe
Due Process as a Limit to Discretion in International Commercial Arbitration
Language: en
Pages: 471
Authors: Franco Ferrari
Categories: Law
Type: BOOK - Published: 2020-09-25 - Publisher: Kluwer Law International B.V.

DOWNLOAD EBOOK

The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby puttin
Judging at the Interface
Language: en
Pages:
Authors: Esmé Shirlow
Categories:
Type: BOOK - Published: 2020-12 - Publisher:

DOWNLOAD EBOOK

"Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our off
International Commercial Arbitration: Commentary and Materials
Language: en
Pages: 1171
Authors: Gary Born
Categories: Law
Type: BOOK - Published: 2021-11-15 - Publisher: BRILL

DOWNLOAD EBOOK

International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable resea
Confidentiality in International Commercial Arbitration
Language: en
Pages: 242
Authors: Ileana M. Smeureanu
Categories: Law
Type: BOOK - Published: 2011-01-01 - Publisher: Kluwer Law International B.V.

DOWNLOAD EBOOK

After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to ima