Overview

The writer suggests to move the discussion on liability from arbitrators to the arbitral organizations. The guide re-evaluates the traditional understanding of the position, features, and liability of arbitral organizations and is recommended for mediation students, experts, and students. It is suggested that the current rules regarding liability are insufficient given both the contract responsibilities and the growing public function of arbitral organizations and that institutional arbitral liability is therefore necessary. The guide also links the modern features of arbitral organizations to recent controversy regarding authenticity difficulties in international commercial mediation. Replying to these difficulties, a model of institutional contract liability is suggested that encourages arbitral organizations to proactively control the opportunity of their liability.

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9781724241849

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