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
2013-01-20
43
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 rules 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 rules 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. In as much 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 rules for the conduct of arbitrators outside the field of conflict of interests. Considering only the matter of ex-parte communications, American ease law is astonishingly 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 he.
A third-party arbitrator is one who is chosen ______.
选项
A、to supplement the two arbitrators chosen by the contending sides
B、to reach a final decision after the two arbitrators have submitted their decision
C、by someone not involved in the matter in dispute
D、as a pawn of the appointers
答案
C
解析
转载请注明原文地址:https://kaotiyun.com/show/dS2O777K
0
考博英语
相关试题推荐
Thedifferencebetweenaliquidandagasisobvious【l】theconditionsoftemperatureandpressurecommonlyfoundatthesurface
Mercuryisthenearestplanettothesunanditsperiodof______is88days.
I’vetoldyou______thatyoucannotgooutandplayuntilyou’vefinishedyourhomework.
Developingapeaceful,understanding,andsupportiverelationshipbetweenparentsandchildrenisnotaneasytask.Failurescana
Reportersandphotographersaliketookgreat______attherudewaytheactorbehavedduringtheinterview.
ThepollutionquestionaswellasseveralotherissuesisgoingtobediscussedwhentheCongressisin______againnextspring.
Thefirstthingtonoticeisthatthemediawe’reallfamiliarwith—frombookstotelevisionareone-waypropositions:theypush
Thefirstthingtonoticeisthatthemediawe’reallfamiliarwith—frombookstotelevisionareone-waypropositions:theypush
Tobeasuccessfulcriminal,onemustbe_____
UnlessIwas____mistaken,therewassomethingwrongwithLouise.
随机试题
依照我国婚姻法规定男子的法定结婚年龄不低于()
王先生,50岁。因慢性喘息性支气管炎入院,现病情平稳。拟近期出院,对患者护理应
调配毒性中药的处方应留存
表证与里证最主要的区别点是
下列传热体,哪个是以导热为主?
通报属于()公文。
服务对象:“现在找工作,用人单位很注重外貌,我要是长得漂亮就好了……”社会工作者:“我很理解你的心情,但每个人都不是十全十美的啊。就拿我来说,工作和家庭都不错,可我的身材很胖,有时别人也会嘲笑我,后来我就想明白了,要求十全十美是不可能的事情。”上述对话中
从所给的四个选项中,选择最合适的一个填入问号处,使之呈现一定的规律性:
因合同纠纷提起的诉讼,哪些人民法院有管辖权?()
父亲今年44岁,儿子今年16岁,当父亲年龄是儿子年龄的8倍时,父子的年龄和是多少岁?
最新回复
(
0
)