This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators. The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.
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1. Introduction 2. The Emergence of International Commercial Arbitration and the Modern Arbitrator 3. International Commercial Arbitration as a Market 4. The Unique ‘Regulation’ of International Commercial Arbitrators 5. The Creation of Professional Norms Applicable to Arbitrators 6. The Regulatory Norms Applicable to International Commercial Arbitrators 7. Arbitrators’ Compliance with Professional Norms 8. Enforcement of Arbitrators’ Professional and Ethical Rules 9. Reframing the Growing Pains of Commercial Arbitration: Regulatory Challenges and Achievements
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Explains how international commercial arbitrators are regulated, by analysing how the norms applicable to arbitrators are created and enforced.
Provides an overview of how the international commercial arbitration market operates and how it influences the regulation of the field
Theoretical and empirical research on the mechanisms for resolution of civil disputes. This series covers new theoretical and empirical research on the mechanisms for resolution of civil disputes, including courts, tribunals, arbitration, compensation schemes, ombudsmen, codes of practice, complaint mechanisms, mediation, and various forms of Alternative Dispute Resolution. It examines frameworks for dispute resolution that comprise combinations of the above mechanisms, and the parameters and conditions for selecting certain types of techniques and procedures rather than others. It also evaluates individual techniques, against parameters such as cost, duration, accessibility, and delivery of desired outcomes, and illuminates how legal rights and obligations are operated in practice.
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Produktdetaljer

ISBN
9781509962693
Publisert
2024-07-25
Utgiver
Vendor
Hart Publishing
Høyde
244 mm
Bredde
169 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
216

Biographical note

João Ilhão Moreira is Assistant Professor at the Faculty of Law, University of Macau, China.