Quotation Castagna, Stefano. 2016. Inherent and Implied Powers of International Arbitral Tribunals: Characteristics and Limits. Arbitration: The International Journal of Arbitration, Mediation and Dispute Management. 82 (4), 409-414.


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Abstract

The ILA’s International Commercial Arbitration Committee report on inherent and implied powers opened new debate on their nature and classification. This work responds to the need of further analysis, and the necessity to provide guidance for their correct application. It develops a model that describes the relationship between inherent, implied and explicit powers, outlining their limits, extent and development. It furthermore concludes that powers of arbitrators change depending on their source, whether based on the applicable law or the parties’ consent. The use of interpretative criteria plays a major role too, and enables the arbitrators to decide on matters based on situations that parties had not foreseen.

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Status of publication Published
Affiliation External
Type of publication Journal article
Journal Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Language English
Title Inherent and Implied Powers of International Arbitral Tribunals: Characteristics and Limits
Volume 82
Number 4
Year 2016
Page from 409
Page to 414
Reviewed? Y
URL https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3775009
DOI n.a.
Open Access N

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Castagna, Stefano (Details)
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