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Due Process as a Limit to Discretion in International Commercial Arbitration


ISBN13: 9789403519500
Published: September 2020
Publisher: Kluwer Law International
Country of Publication: UK
Format: Hardback
Price: £167.00



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Due Process as a Limit to Discretion in International Commercial Arbitration is a nonpareil book that contains an expansive analysis of due process in key jurisdictions around the world. Owing to the dearth of consistent case law on due process, recalcitrant parties have been motivated to misuse due process arguments as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, this unique book offers a comprehensive study on due process as a limit to arbitral discretion.

What’s in this book:

Based on country reports prepared by leading arbitration practitioners and academics and a detailed general report authored by the editors, this book guides through the relevant case law on due process as a limit to discretion in arbitration and explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The following matters are elucidated:

  • the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading
  • the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party
  • the duty to effect proper notice, including delivery and language issues
  • the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge, and
  • courts’ standards of deference when examining issues arising at the post-award stage <> How this will help you:

    A significant addition to the debate regarding the so-called due process paranoia affecting arbitral tribunals, this exceptional book furnishes not only practical guidelines for the maintenance of a balance between due process and efficiency but also shows how to counteract the misuse of due process arguments in arbitration proceedings. As such, it will be highly appreciated by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

  • Subjects:
    Arbitration and Alternative Dispute Resolution
    Contents:
    Editors’ Note
    Chapter 1. General Report
    Dietmar Czernich, Franco Ferrari & Friedrich Rosenfeld
    Chapter 2. Country Report Argentina
    Julio César Rivera Jr.
    Chapter 3. Country Report Brazil
    Rafael Francisco Alves
    Chapter 4. Country Report Canada
    Andrea K. Bjorklund & Benjamin R. Jarvis
    Chapter 5. Country Report China
    Zheng Tang
    Chapter 6. Country Report the Republic of Cyprus
    Soterios Loizou
    Chapter 7. Country Report France
    Caroline Kleiner
    Chapter 8. Country Report Germany
    Friedrich Rosenfeld
    Chapter 9. Country Report Hong Kong
    Z.J. Jennifer Lim & Charlotte Lelong
    Chapter 10. Country Report India
    Aditya Singh & Zehaan Trivedi
    Chapter 11. Country Report Italy
    Francesca Ragno
    Chapter 12. Country Report Japan
    Koji Takahashi
    Chapter 13. Country Report Middle East
    Nayla Comair-Obeid & Zeina Obeid
    Chapter 14. Country Report the Netherlands
    Jacob B. van de Velden & Abdel Khalek Zirar
    Chapter 15. Country Report Norway
    Giuditta Cordero-Moss
    Chapter 16. Country Report Russia
    Mikhail Batsura
    Chapter 17. Country Report Singapore
    Jonathan Lim
    Chapter 18. Country Report Switzerland
    Simon M. Hohler
    Chapter 19. Country Report United Kingdom
    Hattie R. Middleditch
    Chapter 20. Country Report the United States of America
    Ina C. Popova & Duncan Pickard
    Index