2016•Journal of National Law University DelhiRequires access

Much Ado About Nothing or Something? Contemporary Issues Concerning Arbitrators in International Commercial Arbitration

Steve Ngo

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Abstract

The world of international arbitration has seen an unprecedented growth. There are increasingly more new international arbitration centres globally today and countries around the globe are competing to become the next international arbitration hub. Existing arbitral institutions meanwhile continue to work on building their status as the preferred centre for parties to resolve their disputes. In this respect, the main actor in arbitrations is always the arbitrator. No doubt lucrative fees and prestige attached to the appointment as arbitrator are luring many to this ‘vocation’, changing the landscape of arbitration practice rather substantially today. But the success and growth of arbitration also bring with it some problems. Among others, high costs of arbitration, question over arbitrator’s professionalism and fitness to serve, are some of the common debates today. Is the conduct of arbitrators today causing so much vexatious problems that it might potentially bring the entire practice of international commercial arbitration into disrepute? Or is it all just a storm in a tea cup? This article will examine and appraise some of the contemporary issues associated with arbitrators, as well as discuss the possible solutions to some of the pressing problem besetting international commercial arbitration.

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The world of international arbitration has seen an unprecedented growth. There are increasingly more new international arbitration centres globally today and countries around the globe are competing to become the next international arbitration hub. Existing arbitral institutions meanwhile continue to work on building their status as the preferred centre for parties to resolve their disputes. In this respect, the main actor in arbitrations is always the arbitrator. No doubt lucrative fees and prestige attached to the appointment as arbitrator are luring many to this ‘vocation’, changing the landscape of arbitration practice rather substantially today. But the success and growth of arbitration also bring with it some problems. Among others, high costs of arbitration, question over arbitrator’s professionalism and fitness to serve, are some of the common debates today. Is the conduct of arbitrators today causing so much vexatious problems that it might potentially bring the entire practice of international commercial arbitration into disrepute? Or is it all just a storm in a tea cup? This article will examine and appraise some of the contemporary issues associated with arbitrators, as well as discuss the possible solutions to some of the pressing problem besetting international commercial arbitration.

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Available abstract

The world of international arbitration has seen an unprecedented growth. There are increasingly more new international arbitration centres globally today and countries around the globe are competing to become the next international arbitration hub. Existing arbitral institutions meanwhile continue to work on building their status as the preferred centre for parties to resolve their disputes. In this respect, the main actor in arbitrations is always the arbitrator. No doubt lucrative fees and prestige attached to the appointment as arbitrator are luring many to this ‘vocation’, changing the landscape of arbitration practice rather substantially today. But the success and growth of arbitration also bring with it some problems. Among others, high costs of arbitration, question over arbitrator’s professionalism and fitness to serve, are some of the common debates today. Is the conduct of arbitrators today causing so much vexatious problems that it might potentially bring the entire practice of international commercial arbitration into disrepute? Or is it all just a storm in a tea cup? This article will examine and appraise some of the contemporary issues associated with arbitrators, as well as discuss the possible solutions to some of the pressing problem besetting international commercial arbitration.

Key concepts: Arbitration, International arbitration, Compulsory arbitration, Globe, Work (physics), Law, Prestige, Nothing

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