IDEAS home Printed from https://ideas.repec.org/a/ris/ajotap/0037.html
   My bibliography  Save this article

Institutional Leadership or Institutional Overreach? Overriding the Parties’ Agreement for the Number of Arbitrators in Expedited Proceedings

Author

Listed:
  • Chong, Daniel LING Tien

    (LL.B. Faculty of Law, National University of Singapore, SINGAPORE)

Abstract

The institutions of international arbitration have played an increasingly active role in arbitral governance. The claim that they merely provide administrative services no longer holds water. With the ability to amend institutional rules, update practice guidelines, and revise institutional practices, they wield the power to efficiently effect change – a power that no other actor in international arbitration comes close to having. However, it has been said that in their quest to lead change, some institutions have overstepped their mandate and overreached their powers. Based on a variety of primary and secondary sources, this article examines the situations in which institutions have overridden the parties’ agreement for the number of arbitrators appointed in cases of expedited proceedings. Thereafter, it seeks to analyze whether institutions, in a bid to push progress, have overstepped their authority.

Suggested Citation

  • Chong, Daniel LING Tien, 2020. "Institutional Leadership or Institutional Overreach? Overriding the Parties’ Agreement for the Number of Arbitrators in Expedited Proceedings," American Journal of Trade and Policy, Asian Business Consortium, vol. 7(1), pages 23-36.
    • Handle: RePEc:ris:ajotap:0037
    as

    Download full text from publisher

    File URL: https://abc.us.org/ojs/index.php/ajtp/article/view/354/958
    File Function: Full text
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    International Arbitration; Arbitral Institutions; Overriding Party Autonomy; Expedited Proceedings; Number of Arbitrators; New York Convention;
    All these keywords.

    JEL classification:

    • F53 - International Economics - - International Relations, National Security, and International Political Economy - - - International Agreements and Observance; International Organizations

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ris:ajotap:0037. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Alim Al Ayub Ahmed (email available below). General contact details of provider: https://abc.us.org/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.