Is the Party-Appointed Arbitrator a 'Pernicious Institution'?: A Reply to Professor Hans Smit Contribution in 'Columbia FDI Perspectives'

3 Pages Posted: 21 Sep 2011

See all articles by Giorgio Sacerdoti

Giorgio Sacerdoti

Bocconi University - Department of Law

Date Written: March 14, 2011

Abstract

Contrary to the contrary views expressed by Prof. Hans Smit, appointment of arbitrators by parties, rather than by an institution, is an integral part of an efficient and responsive arbitral process especially internationally. The problems of impartiality and independence and efficiency of the process that party-appointment may create can be dealt with by ethical rules and by the supervision of estabilished arbitral institutions.

Keywords: international commercial arbitration, independence of arbitrators

JEL Classification: K33, K41

Suggested Citation

Sacerdoti, Giorgio, Is the Party-Appointed Arbitrator a 'Pernicious Institution'?: A Reply to Professor Hans Smit Contribution in 'Columbia FDI Perspectives' (March 14, 2011). Bocconi Legal Studies Research Paper No. 1931603, Available at SSRN: https://ssrn.com/abstract=1931603 or http://dx.doi.org/10.2139/ssrn.1931603

Giorgio Sacerdoti (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
197
Abstract Views
1,536
Rank
280,922
PlumX Metrics