A Clarity Call: Pervasive Uncertainty in the Role of Party-Appointed Arbitrators

Chaves F.N.P. · International Arbitration Law Review (2023)

Resumen

In this article, the author argues that the role of party-appointed arbitrators remains uncertain, including whether they have special functions towards their nominating parties. Moreover, assuming those special functions exist, he contends that it is unclear what exactly they are or should be. The author concludes that there is pervasive uncertainty in the role of party-appointed arbitrators. He proposes that the legitimacy of international arbitration can be strengthened by adopting new best-practice guidelines providing parameters for the conduct of party-nominated arbitrators.

Instituciones: Universidad Científica del Sur