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International Commercial Arbitration and the Arbitrator's Contract

By: (Author) Emilia Onyema

Manufacture on Demand

Ksh 27,900.00

Format: Hardback or Cased Book

ISBN-10: 0415492785

ISBN-13: 9780415492782

Series: Routledge Research in International Commercial Law

Publisher: Taylor & Francis Ltd

Imprint: Routledge

Country of Manufacture: GB

Country of Publication: GB

Publication Date: Feb 5th, 2010

Print length: 274 Pages

Weight: 564 grams

Dimensions (height x width x thickness): 24.20 x 16.60 x 2.20 cms

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This book examines the formation, nature and effect of arbitrators’ contract, addressing topics including the appointment, challenge, removal and duties and rights of arbitrators. The practice of various jurisdictions is examined including the USA, England, China, Argentina and Nigeria, alongside relevant case law from the ICSID and the PCA.

This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America.

The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms.

International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.


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