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
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: 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
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.