首页
登录
职称英语
The law of private international tribunals with respect to conflicts of inte
The law of private international tribunals with respect to conflicts of inte
游客
2025-04-17
8
管理
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. [br] The expression "They may treat" refers to ______.
选项
A、arbitrators and judges
B、national legal systems
C、experiences
D、disqualifying factors
答案
A
解析
本题应联系上下文来解答。因为前一句说了for arbitrators and judges,所以这里的they指的是仲裁员和法官。因此A项为正确答案。
转载请注明原文地址:https://tihaiku.com/zcyy/4041319.html
相关试题推荐
Capital(inflows)willalso(tendto)increasetheinternationalvalueofthedo
TheInternationalCommitteeoftheRedCrosssaysitwillneednearly$650
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
随机试题
Wisebuyingisapositivewayinwhichyoucanmakeyourmoneygofurther.T
在大体积混凝土施工中,下列哪种方法不能控制结构出现有害裂缝A.留置变形缝 B.
多重残疾分级按所属残疾中残疾程度()类别的分级确定其残疾等级。A.最轻 B.最
腹中拘急疼痛,喜温喜按,神疲乏力,虚怯少气;或心中悸动,虚烦不宁,面色无华;或伴
Theyareconcernedforthefateofthef
截至2015年底,中国创业投资各类机构数已达1775家,同比增长14.4%。其中
根据所给图表,回答 .2003~2007年,SCI平均每年约收录多少篇中国
下列各项索赔中,属于按索赔目的分类的有()。A.合同终止索赔 B.工期索赔
甲公司于4月1日向乙公司发出订购一批实木沙发的要约,要求乙公司于4月8日前答复。
用不变价格衡量的GDP是( )。 A.实际GDP B.潜在GDP C.
最新回复
(
0
)