The Powers and Duties of an Arbitrator

About the editors:

Patricia Shaughnessy directs the Master of International Commercial Arbitration Law program at Stockholm University and chairs the “Arbitration and Dispute Resolution Section” of the Stockholm Centre for Commercial Law. Patricia is the Vice-Chair of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce, having served on the Board since 2006.

Sherlin Tung is the Litigation & Arbitration Counsel for Semperit AGH olding and is based in Vienna, Austria. Sherlin began her career in international arbitration when she trained directly under the supervision of Dr. Karrer. She is a licensed attorney in the states of New York and California (inactive status).

About this book:

The Powers and Duties of an Arbitrator focuses on powers and duties of arbitrators in arbitration proceedings, a topic which has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, Dr. Pierre A. Karrer stands out as exemplifying and advocating the responsible exercise of powers to fulfil the duties of an arbitrator.  At a time when arbitration is under ever greater scrutiny and subject to ever more searching and sometimes hostile enquiries, Dr. Karrer’s work provides an example of how good the arbitral process can be when it is in the hands of a master. This book adds to the substantial contributions resulting from Dr. Karrer’s career. More than thirty leading arbitration practitioners and academics worldwide who have been a part of, and have been influenced by, Dr. Karrer’s extensive professional career have contributed to this book celebrating Dr. Karrer’s career on the occasion of his seventy-fifth birthday.

What’s in this book:

Inspired by Dr. Karrer’s interest in and his advocacy of a strong arbitrator role, as evidenced in his lectures, presentations and publications as well as in his role as an arbitrator, the contributions in this book consider questions such as the following:

• What are the sources of an arbitrator’s power?
• What are the limits of an arbitrator’s power?
• Should arbitrators have a role in encouraging settlement?
• May arbitrators regulate and impose sanctions against counsel?
• How managerial should arbitrators be?
• What are the duties and liabilities of arbitrators?
• What is the nature of the arbitrators’ relationship with arbitral institutions?
• Are emergency arbitrators actually “arbitrators”?
• Should arbitrators raise issues of arbitrability and public policy ex officio?
• To what extent may arbitrators delegate tasks and use tribunal secretaries?

The extensive range and high standard of the contributions in this book, as well as the diversity and promine...