Excerpt
Table of Contents
Table of Contents
Index of Authorities
Index of Cases
List of Abbreviations
Introduction
I. The Fee Determination as a Decision in Own Affairs
A. LimitstoPartyAutonomy
B. Classification of the Problem - Basic Constellation of Nemo Iudex In Causa Sua..3
C. Conclusion
II. Competence Arising in the Phase of the Arbitral Proceeding
A. Legal Basis for Right to Remuneration - Receptum Arbitri
B. Institutional Arbitration Proceedings
1. Ad-ValoremMethod
2. Time-Based Remuneration Method
3. Conclusion
C. Ad-Hoc Arbitration Proceedings
1. Agreement between Parties and Tribunal
2. Fees Fixed with the Issuance of the Award
(a) Competence under the UNCITRAL Arbitration Rules
(i) Changes to the Determination of Costs in 2010
(ii) Evaluation
(b) Competence through Virtue ofNational Law
D. Conclusion
III. Limits at the Stage of Enforcement and Recognition
A. German Case Law on the Tribunal’s Competence
1. Status Quo Prior to the BGH Order
(a) Importance of an Advance on Costs
(b) Determination ofValue in Dispute
2. BGHDecision,2 March 2017
(a) Facts of the case
(b) Analysis of the Decision
(i) Violation ofRespondent’s Right to Be Heard
(ii) Conflictwith previous BGHJurisprudence
(c) Evaluation
(i) Prohibition of Authoritative Fee Determination
(ii) Recognition and Enforceability of Allocation of Costs
(iii) Evaluation of the Order’s Consequences
3. Conclusion
B. International Jurisdiction
1. Parties’ Implied Consent through Choice ofProcedural Law
(a) Advantages
(b) Disadvantages
2. Possibility of Review by State Courts
(a) Advantages
(b) Disadvantages
3. Validity of Fee Determination, Though Without Resjudicata Effect
(a) Disadvantages
(b) Advantages
4. Conclusion
C. International Reception of the BGH-Order
IV. Summary
V. Concluding Remarks
- Quote paper
- Nathaniel Kellerer (Author), 2017, Competence of Arbitral Tribunals. Are there Limits to Decide on the Arbitrators' Fees?, Munich, GRIN Verlag, https://www.grin.com/document/974004
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