The liability of arbitral institutions : legitimacy challenges and functional responses

This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability. This Book Offers An Innovative Approach To The Topic Of Liability In International Arbitration, A Controversial Topic That Has Heretofore Not Been Fully Explored In The Scholarship. Arbitral Institutions Have Recently Emerged As Powerful Actors With New Functions In And Outside Arbitration Processes. The Author Proposes To Shift The Debate On Liability From Arbitrators To The Arbitral Institutions. The Book Re-evaluates The Orthodox Understanding Of The Status, Functions, And Responsibility Of Arbitral Institutions...it Is Argued That The Current Regulations Regarding Liability Are Inadequate Given Both The Contractual Obligations And The Emerging Public Function Of Arbitral Institutions And That Institutional Arbitral Liability Is Therefore Necessary. The Book Also Links The Contemporary Functions Of Arbitral Institutions To Recent Debates Regarding Legitimacy Challenges In International Commercial Arbitration. Responding To These Challenges, A Model Of Institutional Contractual Liability Is Proposed That Invites Arbitral Institutions To Proactively Regulate The Scope Of Their Liability.-- Status And Functions Of Modern Arbitral Institutions -- The Triad Of Modern Functions Of Arbitral Institutions : In Search Of The Sources And Scope Of Institutional Arbitral Liability -- On How The Current Institutional Regulations Of Liability Do Not Respond To The Triad Of Institutional Functions -- The Legal Dimension Of Institutional Arbitration : On The Current National Regulations And Visions Of Institutional Arbitral Liability -- Cutting The Gordian Knot : Proposals For The Institutional Reform Of Arbitral Liability -- The Level And Scope Of The Public Regulations On Institutional Arbitral Liability : Proposals -- Conclusion: Risk Acceptance Versus Risk Avoidance : On Why Arbitral Institutions Should Eventually Reform Their Liability. Barbara Alicja Warwas. This Book Has Been Published With A Financial Subsidy From The Eui [european University Institute]. This Publication Is Based On An Eui Ph.d. Theses Defended At The Eui Law Department On October 7, 2013.--title Page Verso Includes Bibliographical References And Index. The topic of civil liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship, is approached in an innovative fashion in this book. Recently, arbitral institutions have emerged as powerful actors with new functions in and outside arbitration processes and the author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability. Dr. Barbara Alicja Warwas LL. M. is a Lecturer in Commercial Law at The Hague University of Applied Sciences in the Netherlands "This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions ... It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability."-- Provided by publisher Front Matter....Pages i-xii Introduction....Pages 1-17 Status and Functions of Modern Arbitral Institutions....Pages 19-116 The Triad of Modern Functions of Arbitral Institutions—in Search of the Sources and Scope of Institutional Arbitral Liability....Pages 117-196 On How the Current Institutional Regulations of Liability Do Not Respond to the Triad of Institutional Functions....Pages 197-237 The Legal Dimension of Institutional Arbitration: On the Current National Regulations and “Visions” of Institutional Arbitral Liability....Pages 239-293 Cutting the Gordian Knot: Proposals for the Institutional Reform of Arbitral Liability....Pages 295-341 The Level and Scope of the Public Regulations on Institutional Arbitral Liability: Proposals....Pages 343-370 Conclusion. Risk Acceptance Versus Risk Avoidance: On Why Arbitral Institutions Should Eventually Reform Their Liability....Pages 371-383 Back Matter....Pages 385-388