Standards of impartiality, independence and neutrality for arbitrators in international commercial arbitration.

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Standards of impartiality, independence and n ...
Ana Carolina Pinto Couri
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Last edited by Open Library Bot
December 3, 2010 | History

Standards of impartiality, independence and neutrality for arbitrators in international commercial arbitration.

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Traditional standards used in litigation to deal with judicial ethics are not appropriate in the context of this alternative method of dispute resolution, that seeks a more flexible set of rules, opposed to the rigid norms surrounding the judicial system. Therefore, an alternative standard should be adopted to govern arbitral ethics. This standard ought to be responsive to the needs of the parties and take into account the particular ethics, usages and customs within this field, abandoning old paradigms used in traditional litigation, which do not fit well in this alternative method of dispute resolution.The search for an appropriate standard to assess the independence and impartiality of arbitrators in international commercial arbitration has become increasingly important, due to the increased number of claims against arbitrators based on suspicions of bias. Considering the particular features of the arbitral process, including party-autonomy, freedom of choice, and self-determination, this paper suggests that any rules attempting to deal with this issue need to be approached with a flexible view, in order to assure the integrity of the process without violating the governing principles of arbitration.

Publish Date
Language
English
Pages
71

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Book Details


Edition Notes

Adviser: Allan Stitt.

Thesis (LL.M.)--University of Toronto, 2004.

Electronic version licensed for access by U. of T. users.

Source: Masters Abstracts International, Volume: 43-03, page: 0730.

MICR copy on microfiche (1 microfiche).

The Physical Object

Pagination
71 leaves.
Number of pages
71

ID Numbers

Open Library
OL19512986M
ISBN 10
0612951618

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December 3, 2010 Edited by Open Library Bot Added subjects from MARC records.
January 24, 2010 Edited by WorkBot add more information to works
December 11, 2009 Created by WorkBot add works page