Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Judicial Review of Arbitrators’ Fees A Swiss law perspective

Judicial Review of Arbitrators’ Fees A Swiss law perspective The present article explores positive law on establishment of arbitrator fees in domestic and international Swiss arbitration in light of the principle that no one may be judge of his own cause. The article notes that the principle of nemo iudex in causa sua appears to be applied more stringently to international proceedings seated in Switzerland than to Swiss domestic arbitration proceedings. With regard to relevant legal provisions and case law, it compares cases where the arbitrators are brought to fixing their own fees with cases where such fees are fixed by a neutral third party such as an arbitral institution. Subsequently it examines the degree to which state courts exercise control over these decisions looking at potentially competent courts and applicable law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Judicial Review of Arbitrators’ Fees A Swiss law perspective

Palermo; Robach
ASA Bulletin , Volume 32 (3) – Sep 1, 2014
Download PDF
14 pages

Loading next page...
 
/lp/kluwer-law-international/judicial-review-of-arbitrators-fees-a-swiss-law-perspective-JZ09Z7rFLD

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1010-9153
Publisher site
See Article on Publisher Site

Abstract

The present article explores positive law on establishment of arbitrator fees in domestic and international Swiss arbitration in light of the principle that no one may be judge of his own cause. The article notes that the principle of nemo iudex in causa sua appears to be applied more stringently to international proceedings seated in Switzerland than to Swiss domestic arbitration proceedings. With regard to relevant legal provisions and case law, it compares cases where the arbitrators are brought to fixing their own fees with cases where such fees are fixed by a neutral third party such as an arbitral institution. Subsequently it examines the degree to which state courts exercise control over these decisions looking at potentially competent courts and applicable law.

Journal

ASA Bulletin – Kluwer Law International

Published: Sep 1, 2014

There are no references for this article.