Chapter

Part VIII Arbitrators’ Decision-Making Power and Arbitral Tribunals’ Cessation of Functions, 22 Good (and Bad) Initiatives of Arbitrators: Where to Draw the Line between Activism and Passivity?

Sébastien Besson

in Defining Issues in International Arbitration

Published in print May 2016 | ISBN: 9780198783206
Part VIII Arbitrators’ Decision-Making Power and Arbitral Tribunals’ Cessation of Functions, 22 Good (and Bad) Initiatives of Arbitrators: Where to Draw the Line between Activism and Passivity?

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This chapter explores the power of arbitrators to take initiatives. It discusses the legal basis and sources of the arbitrators’ power to take initiatives; the exercise of the arbitrators’ discretion; and initiatives to clarify or to correct the parties’ request. It shows that arbitrators indisputably have the power to take initiatives concerning the facts and the law. They may also take initiatives in relation to defective requests presented by the parties. Some initiatives are appropriate, some are not. Ultimately, the distinction between good and bad initiatives will always imply a balancing of interests and will require the careful judgment of the arbitrators.

Chapter.  17 pages.  9107 words. 

Subjects: Arbitration ; Law

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