SIAC-CIArb Debate 8 June 2017 скачать в хорошем качестве

SIAC-CIArb Debate 8 June 2017

Motion: This House Believes that the Practice of Party-Appointed Arbitrators is a Moral Hazard in International Arbitration and Should Be Abolished ----- A party’s right to nominate an arbitrator is a cherished and established part of the practice of international arbitration. If transactional lawyers were to ask their clients, “Are you willing to give up your right to nominate an arbitrator?” The answer is likely to be a resounding “no”. In the case of a three-member tribunal, the right to nominate an arbitrator is also ingrained in the arbitration rules of many major international commercial arbitral centres. This innate desire to nominate one’s arbitrator may be said to stem from a desire to influence the decision-making process to do one’s best to prevent injustice. However, this desire is sometimes taken a step too far, when the party-appointed arbitrator is expected to, and acts as, an advocate for the party that had nominated it. When this happens, the fundamental premise of arbitration – mutual confidence in independent and impartial arbitrators – is undermined. ----- For the motion Mr Darius J. Khambata, Senior Counsel Mr Toby Landau, QC Against the motion Mr Emmanuel Gaillard Ms Judith Gill QC Moderator: Mr Francis Xavier, SC, PBM Judges: Mr Gary Born Professor Lucy Reed Ms Ariel Ye