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The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses

  • Barbara Alicja Warwas

About this book

Introduction

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.

Keywords

Arbitration Arbitral Institutions Civil Liability Professional Responsibility Legitimacy Challenges

Authors and affiliations

  • Barbara Alicja Warwas
    • 1
  1. 1.International Bachelor of LawThe Hague University of Applied Sciences International Bachelor of LawThe HagueThe Netherlands

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-6265-111-1
  • Copyright Information T.M.C. Asser Press and the author 2017
  • Publisher Name T.M.C. Asser Press, The Hague
  • eBook Packages Law and Criminology
  • Print ISBN 978-94-6265-110-4
  • Online ISBN 978-94-6265-111-1
  • Buy this book on publisher's site