首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
The law of private international tribunals with respect to conflicts of interest of arbitrators is quite extensive, albeit by no
The law of private international tribunals with respect to conflicts of interest of arbitrators is quite extensive, albeit by no
admin
2013-11-29
28
问题
The law of private international tribunals with respect to conflicts of interest of arbitrators is quite extensive, albeit by no means uniform. It relates both to what will disqualify an arbitrator and to what the arbitrator must disclose during the selection process. Most national legal systems have statutory roles as to the types of interests, relationships, and experiences that disqualify an arbitrator. Not infrequently, the disqualifying factors are identical for arbitrators and judges, although they may treat domestic and international arbitration somewhat differently, and may indeed supplement the international roles with additional features. A closer look reveals that courts and arbitration agencies tend to apply the regulations relatively lightly, recognizing that arbitrators move in the highly interconnected world of affairs, and do not stand aloof from commerce as judges do. Accordingly, acquaintanceship with the parties and their counsel does not suffice to disqualify, whereas actual business or legal connections will. Inasmuch as judges do not seek more work, although arbitrators generally do, suspicions arise that an arbitrator’s favor may incline to the party or counsel who has in the past and may again in the future provide employment.
The uncertainty in the field is at its most troubling when arbitrators are party-appointed. Some argue that such arbitrators should fulfill the same functions and satisfy the same qualifications as third-party arbitrators, others dispute any real claim to objectivity. The latter view has had considerable currency, particularly in the United States, where courts and drafters of state laws regard such advocates as pawns of the appointers. Imposing standards of neutrality, and disinterestedness on them would be futile.
It follows from this dichotomy between party-appointed and non-party-appointed arbitrators that opinion on the question of their nationality is also split. A party needs to be expected to choose a fellow national. This question of nationality is acute when one party to the arbitration is a governmental agency and one or more of the arbitrators are likewise nationals; a foreign enterprise contract calling for such arbitration may be foolhardy.
The slate is largely blank with respect to roles for the conduct of arbitrators outside the field of conflict of interests. Considering only the matter of exparte communications, American case law is astonishing lax, refusing to set aside awards where such communication obtained between an arbitrator and a party without the presence of the other party, thereby violating evidentiary rules requiring the attendance of both parties. The differences in views on this topic indicate how useful a set of guidelines might be.
A foreign enterprise contract is a bad idea ______.
选项
A、in all cases
B、when each partner picks an arbitrator
C、when third party arbitrators are involved
D、when a government agency is one side of the contract
答案
D
解析
本题可参照第三段,从中可知D项为正确答案。
转载请注明原文地址:https://kaotiyun.com/show/K9hO777K
0
考博英语
相关试题推荐
James’sfirstnovelsusedconventionalnarrativetechniques:explicitcharacterization,actionwhichrelatedeventsindistinctl
James’sfirstnovelsusedconventionalnarrativetechniques:explicitcharacterization,actionwhichrelatedeventsindistinctl
Today,Americancollegesanduniversitiesareunderstrongattackfrommanyquarters.Teachers,itischarged,arenotdoingag
Don’tcallhimjustacollegeprofessor.Internetentrepreneur,TVpersonality,advisertopresidents,andfriendtotherichan
Don’tcallhimjustacollegeprofessor.Internetentrepreneur,TVpersonality,advisertopresidents,andfriendtotherichan
MasstransportationrevisedthesocialandeconomicfabricoftheAmericancityinthreefundamentalways.Itcatalyzedphysica
Atsometimearound2300BC,giveortakeacenturyortwo,alargenumberofthemajorcivilizationsoftheworldcollapsed,in
BeforehighschoolteacherKimberlyRughgotdowntobusinessatthestartofarecentschoolweek,shejokedwithherstudents
Sincetheearlyeightieswehavebeenonlytooawareofthedevastatingeffectsoflargescaleenvironmentalpollution.Suchpoll
AskanAmericanschoolchildwhatheorsheislearninginschoolthesedaysandyoumightevengetareply,providedyouaskit
随机试题
粪便标本采集时应注意
人们在保持知识时采用各种记忆术,实际是应用了记忆的()。
高工作投入的员工更认同和真正关心他们所做的工作。()
设L为椭圆,其周长为a,则曲线积∮L(3x2+4y2一2)ds=_________.
患者男,58岁。有长期饮酒史40年,10年前开始出现中上腹部疼痛,并逐渐加重,向两侧腰背部放射,伴有饱胀,食欲不振,大便次数增多、内含脂肪滴。体格检查:体温:37℃,腹平软,左上腹轻压痛,无包块。血白细胞数9.8×109/L,中性粒细胞0.68(68%),
(3)该患者手术治疗术前准备包括以下除外
在Word中打开文档的快捷键是( )。
课上,某幼儿想喝水。老师正确的做法是()
先来先服务、短作业优先、最高响应比优先、优先数法调度算法中最短的作业平均周转时间是【】。
Whatisthenewlydevelopeddrugfor?
最新回复
(
0
)