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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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The Culture of Arbitration and the Defence of Arbitral Legitimacy

The Culture of Arbitration and the Defence of Arbitral Legitimacy

Chapter:
(p.97) 5 The Culture of Arbitration and the Defence of Arbitral Legitimacy
Source:
Practising Virtue
Author(s):

James H Carter

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0006

This chapter considers the legitimacy of international arbitration. Responding to Jan Paulsson’s suggestion that all arbitrators should be appointed by an institution, not the parties, it stresses the fundamental importance of the party-appointment of arbitrators for the parties’ trust in the system. It also cites the moderating effect the community of arbitrators has on individual arbitrators and arbitral tribunals. After all, it is this peer group in which arbitrators have to build and maintain a reputation for their virtue: judgment, neutrality, and expertise.

Keywords:   international arbitration, legitimacy, party-appointed arbitrators, arbitral tribunals

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