Sous la direction de Franco Ferrari, Friedrich Rosenfeld et Dietmar Czernich, Kluwer Law International, 2020
Le résumé de l’ouvrage est reproduit ci-après :
Due Process as a Limit to Discretion in International Commercial Arbitration is a nonpareil book that contains an expansive analysis of due process in key jurisdictions around the world. Owing to the dearth of consistent case law on due process, recalcitrant parties have been motivated to misuse due process arguments as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, this unique book offers a comprehensive study on due process as a limit to arbitral discretion.
Based on country reports prepared by leading arbitration practitioners and academics and a detailed general report authored by the editors, this book guides through the relevant case law on due process as a limit to discretion in arbitration and explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The following matters are elucidated:
- the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading;
- the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party;
- the duty to effect proper notice, including delivery and language issues;
- the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and
- courts’ standards of deference when examining issues arising at the post-award stage.
A significant addition to the debate regarding the so-called due process paranoia affecting arbitral tribunals, this exceptional book furnishes not only practical guidelines for the maintenance of a balance between due process and efficiency but also shows how to counteract the misuse of due process arguments in arbitration proceedings. As such, it will be highly appreciated by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.