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Monads or Triads: Conflict and Cooperation among Arbitrators

Monads or Triads: Conflict and Cooperation among Arbitrators

作者： Ugo Draetta
出版商： Juris Publishing
ISBN: 9781944825003
出版时间 June 2016
规格： Hardback , 140 pages
适应领域： International ? 免责申明：
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Ugo Draetta maintains that an arbitral tribunal is a collegial body and not simply the juxtaposition of three self-sufficient and self-referential individual contributors. His book analyses situations of conflict among arbitrators, which are not due to physiological disagreements or mere lack of chemistry among them, but to the perception one arbitrator might have that another is behaving in a way that affects the integrity of the arbitral process. With humor, understanding, and experience Draetta advocates for effective cooperation among arbitrators during the entire arbitration proceedings, and offers practical suggestions in the hope that they may induce arbitrators to work together to a greater extent than is at times witnessed. This book is the third in a trilogy that offers honest, rarely-seen insights into the practice of arbitration as it takes place on the world stage today.
Chapter 1: Internal Conflicts Among Arbitrators
Chapter 2: The Need for Continued Cooperation Among Arbitrators
Chapter 3: The Prayers of the Arbitrator
Ugo Draetta is Past Professor of International Law at the Catholic University of Milan, Italy. He received his PhD in International Law (1968) and graduated from the Academy of American and International Law, at the International and Comparative Law Center, University of Texas at Dallas (1976). In 2005 he taught courses at The Hague Academy of International Law.
“Ugo Draetta’s book fills a gap in the international arbitration literature. It opens the ‘black box’ of the complex and largely unexplored system of relationships among arbitrators, highlighting risks and opportunities of a collegial tribunal and, more importantly, identifying existing tools and practical solutions to defuse potential problems. The text reveals the author’s huge experience and know-how, but I am sure it will make useful reading for experienced and unsophisticated arbitrators alike.” – Andrea Carlevaris, Secretary General of the ICC International Court of Arbitration

“Another highly readable and thought-provoking study by Ugo Draetta on a vital but oft-neglected topic: the duties which arbitrators owe to each other when sitting together to decide a case. Should be on the reading list for every arbitrator training course.” – Rusty Park, Professor of Law, Boston University – President, London Court of International Arbitration

¨Dr Draetta’s new book on the relationship between arbitrators could not be more timely. The book puts one of the problems of international arbitration today into useful and illuminating context. Dr Draetta’s comments and conclusions deserve to be read by all who want to understand modern international arbitration. His astute analysis clarifies many of today’s critical issues in international arbitration.¨ – Prof. Dr Kaj Hober, Professor of international investment and trade law, Uppsala University; Chairman of the Board, SCC Institute, Stockholm Chamber of Commerce

“And now the Trilogy is completed on what unfortunately may happen on the scene and behind the scenes of an arbitration ‘play,’ and how it can be avoided. With the same intelligence and straightforward language, Ugo Draetta focuses this time on the conflicts arising within a panel when arbitrators ignore their reciprocal duties. And Ugo prays for triads…”– Antonias Dimolitsa, International Arbitrator, Vice-chair ICC Institute of World Business Law

“In his book, Ugo Draetta has described a very delicate issue – such as the relationships among the arbitrators – with a mix of realism, experience and competence. The different dynamics illustrated reflect the ‘real life’ of arbitration, and the remedies proposed may well play as useful guidance and source of inspiration for a new generation of arbitrators.” – Stefano Azzali, Secretary General, Milan Chamber of Arbitration

“Ugo Draetta’s outspokenness is not motivated by a desire to shock or impress, but a generous impulse to make us think about the qualities of behavior essential to the arbitral function which cannot be identified by codes or metrics — only by experience.” – Jan Paulsson, Three Crowns LLP

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