Inherent powers of arbitrators / Franco Ferrari, Friedrich Rosenfeld, editors ; with a foreword by Diego P. Fernández Arroyo ; NYU Center for Transnational Litigation, Arbitration and Commercial Law.
Arbitrators derive their powers from an agreement between contracting parties or the law of the place of arbitration. However, because even the most complete arbitration agreements, arbitration rules or laws cannot cover every situation an arbitrator may face in carrying out his or her duties, arbitrators increasingly have exercised powers not expressly conferred by these two sources. These powers are usually referred to as "implied" or "inherent." The concept of such powers has allowed tribunals to arrive at unprecedented decisions on such matters as security for costs, disclosure of third-party funders, motions for reconsideration, even as there has been a contrary shift towards more elaborate rules of adjudication, more codes of conduct for decision-makers and a higher level of scrutiny of decisions. The tension between these tendencies illuminates the complexity of a question that extends to the heart of the arbitrator's very ability to act and the fate of the arbitral award. Deepened by the commentary of Prof. Diego P. Fernandez Arroyo, 'Inherent Powers of Arbitrators' offers multiple perspectives on this important debate and valuable insight into these diverging trends.--Publisher's website.
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Description based on Juris ArbitrationLaw title description page, viewed January 4, 2019.