The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses

1. Front Matter

   Pages i-xii

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2. Introduction

   • Barbara Alicja Warwas

   Pages 1-17

3. Status and Functions of Modern Arbitral Institutions

   • Barbara Alicja Warwas

   Pages 19-116

4. The Triad of Modern Functions of Arbitral Institutions—in Search of the Sources and Scope of Institutional Arbitral Liability

   • Barbara Alicja Warwas

   Pages 117-196

5. On How the Current Institutional Regulations of Liability Do Not Respond to the Triad of Institutional Functions

   • Barbara Alicja Warwas

   Pages 197-237

6. The Legal Dimension of Institutional Arbitration: On the Current National Regulations and “Visions” of Institutional Arbitral Liability

   • Barbara Alicja Warwas

   Pages 239-293

7. Cutting the Gordian Knot: Proposals for the Institutional Reform of Arbitral Liability

   • Barbara Alicja Warwas

   Pages 295-341

8. The Level and Scope of the Public Regulations on Institutional Arbitral Liability: Proposals

   • Barbara Alicja Warwas

   Pages 343-370

9. Conclusion. Risk Acceptance Versus Risk Avoidance: On Why Arbitral Institutions Should Eventually Reform Their Liability

   • Barbara Alicja Warwas

   Pages 371-383

10. Back Matter

    Pages 385-388

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This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. 

 
It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.

• Arbitration
• Arbitral Institutions
• Civil Liability
• Professional Responsibility
• Legitimacy Challenges

• International Bachelor of Law, The Hague University of Applied Sciences International Bachelor of Law, The Hague, The Netherlands

  Barbara Alicja Warwas

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