| 1. |
- Zell, Jeremy L., 1981-
(författare)
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Excess of Mandate in International Commercial Arbitration Law : A Comparison of the US Federal Arbitration Act and the Swedish Arbitration Act
- 2023
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This study analyzes the concept of “excess of mandate” as a ground for set-aside in International Commercial Arbitration Law. In particular, it compares the US courts’ application of the concept in US law with Swedish courts’ application under Swedish law.The study employs a standard comparative model. It examines the legal history, case law, statutory law, and legislative history of the two jurisdictions. The study seeks to identify, among other things, factual circumstances that would constitute excess of mandate in both jurisdictions, or lead to differing court rulings in each jurisdiction. Hypothetical scenarios are also used to identify unique and similar outcomes depending on the circumstances of a given case and the way in which the two different court systems apply the concept of excess of mandate.The study concludes that, despite the fact that excess of mandate is treated as a wide-spread international concept in international arbitration, the concept’s application can vary greatly from jurisdiction to jurisdiction. This is due to, among other things, a given legislature’s purpose for writing the concept into national law and each jurisdiction’s procedural law traditions and practices.
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| 2. |
- Schöldström, Patrik, 1959-
(författare)
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The arbitrator's mandate : a comparative study of relationships in commercial arbitration under the laws of England, Germany, Sweden and Switzerland
- 1998
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This Study is about the arbitrator and the arbitrator's rights and duties and powers. It examines the arbitrator's relation mainly to those who arbitrate before him, but also to arbitral institutions and other entities and persons.The Study suggests that notably three features ought to be taken into account. First, that a position as arbitrator has two main aspects: one adjudicatory or procedural, which has to do with that the arbitrator's task concerns administration of justice, and one that most often would be appropriate to characterise as contractual. Secondly, that the arbitrator's relation those concerned has, because the arbitration may go on for some time, a capacity for undergoing changes. Thirdly, that arbitration is a multiparty phenomenon, wherefore the arbitrator's relation to each of the two parties arbitrating before him may have to be treated separately. In discussing these features the Study develops an idea about assumption of certain risks by those involved, an idea that is claimed to be consistent with fundamental notions of access to justice.Taking account of both the procedural aspect and the contractual aspect the Study creates a general model for explaining the arbitrator's relations to those who arbitrate before him as those relations may appear at the time the arbitrator is appointed. Implications of the potential for change and of the multiparty feature are also discussed.In addition, the Study also analyses the arbitrator's rights and duties and powers in more detail, an analysis that is based on the distinction between the two aspects: the arbitrator as a maker of decisions binding on the arbitrating parties is treated separately from the arbitrator as a supplier of services to them. Account is however taken to practical connections between the aspects, theoretically disctinct though they may be. The analysis of the arbitrator as a decision-maker continues the discussion of the assumption of risks by those involved.´English, German, Swedish and Swiss law are examined in the same breadth and depth
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