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
10
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] A foreign enterprise contract is a bad idea ______.
选项
A、in all cases
B、when each partner picks an arbitrator
C、when third party arbitrators are involved
D、when a government agency is one side of the contract
答案
D
解析
本题可参照第三段,从中可知D项为正确答案。
转载请注明原文地址:https://tihaiku.com/zcyy/4041322.html
相关试题推荐
Thebiographerhastodancebetweentwoshakypositionswithrespecttothe
Thebiographerhastodancebetweentwoshakypositionswithrespecttothe
Thebiographerhastodancebetweentwoshakypositionswithrespecttothe
Janehas______wontherespectofeveryoneinthefieldofdancebothforthesoc
Bytheendofthenineteenthcentury,citieswerereimbursingprivatehospitals
Theracialtheoryofcivilizationhasceasedtobescientificallyrespectabl
Theracialtheoryofcivilizationhasceasedtobescientificallyrespectabl
Theracialtheoryofcivilizationhasceasedtobescientificallyrespectabl
Janehas______wontherespectofeveryoneinthefieldofdancebothforthesoc
Oneofthebasiccharacteristicsofcapitalismistheprivateownershipoft
随机试题
[originaltext]W:Hello,Patrick,isthatyou?M:YeahJane,whatcanIdofory
为了压缩会议的时间,提高会议的效率,对于代表的口头报告一般要求()。A.与提交
子宫内膜的周期性变化不包括A.黄体期 B.月经期 C.增生期 D.排卵期
人际传播的形式包括A.组织与群体之间 B.个人之间 C.群体与群体之间 D
治疗功能性子宫出血()A.炔诺酮 B.甲睾酮 C.二者皆可 D.二者皆
患者,女,67岁。左下肢发凉、怕冷、麻木,足部及小腿有酸痛,继而出现间歇性跛行,
2015年度,某公司的营业利润40亿元,营业外收入17亿元,营业外支出5亿元,则
从整体来看,在身高、体重方面,小学生处于()。 A.第一个生长高峰期B.发
下列各项中,属于证券资产的系统风险的是( )。A.公司研发风险 B.破产风险
根据《水电建设工程质量管理暂行办法》(电水农[1997]220号),水电建设工程
最新回复
(
0
)