posted by user: marisois || 300 views || tracked by 1 users: [display]

TDM Non-Legal Adjudicators 2017 : TDM Call for Papers: Non-Legal Adjudicators in National and International Disputes

FacebookTwitterLinkedInGoogle

Link: https://www.transnational-dispute-management.com/news.asp?key=1626
 
When N/A
Where N/A
Submission Deadline TBD
Categories    arbitration   disputes   law
 

Call For Papers

We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) special issue on "Non-Legal Adjudicators in National and International Disputes". This special issue will analyse the current scenario, as well as new trends, developments, and challenges that non-legal adjudicators[1] face when resolving national and international disputes. It will consider litigation; national arbitration and diverse forms of alternative dispute resolution (ADR); international commercial arbitration; investment arbitration; inter-State arbitration and the dispute settlement system of the World Trade Organization (WTO).

This special issue will be edited by Katia Fach Gómez (University of Zaragoza-Spain) and Weiwei Zhang (Graduate Institute of International and Development Studies - Switzerland).

National courts and arbitration tribunals very often need to address scientific and/or technical aspects of a dispute. Arbitrators may rely on external competences - e.g., party-appointed experts or ex curiaexperts. However, nowadays there are also various areas of conflict resolution in which non-legal experts are part of the adjudicatory body, and internally provide with the required non-legal competences.[2] In the national judicial context, there are examples of specialized national courts -e.g., in the environmental dispute sector- where non-legal experts guarantee the non-legal expertise of judicial courts. In the international arbitral context, a compelling example of the appointment a scientific-technical expert as full arbitrator is provided by the Permanent Court of Arbitration in the inter-State Indus Waters Kishenganga case. Non-legal neutrals are likewise relevant in commercial arbitration and in the broader field of ADR. In specialized areas such as disputes regarding construction, energy, engineering, financial services, technology and applied science cases, resorting to non-lawyers to resolve these type of disputes is a widely-used practice. It is also very remarkable that in the WTO dispute settlement system, by end of 2014, 44% of the panellists appointed have no legal background and 3 out of the 25 Appellate Body members appointed so far have no law degree.[3]

Possible topics for submission to this special issue might include:

* Drawbacks of the external competences provided by non-legal experts to courts and arbitration tribunals;

* Reasons supporting the participation of non-legal adjudicators, providing internal competences in national and international disputes;

* Whether there are particular case patterns that make the participation of non-legal adjudicators especially desirable;

* Background and expertise of these non-legal adjudicators;

* Relevant criteria -of technical, scientific, political or sociological nature- influencing the selection and appointment of non-legal adjudicators;

* Empirical studies dealing with participation of non-legal adjudicators in national and international disputes;

* Whether the intervention of non-legal adjudicators should be encouraged or limited;

* Obstacles facing non-legal adjudicators involved in national and international disputes;

* Whether the existence of an assisting Secretariat -e.g., the WTO Secretariat- or the absence thereof has an impact on the appointment of non-legal adjudicators;

* Attitudes from the legal milieu regarding non-legal adjudicators; and

* Legal and non-legal reforms required to foster -or limit- the participation of non-legal adjudicators in the national and international context.

We invite all of those interested in the subject to contribute to this special issue with unpublished or previously published articles, conference papers, research papers and case studies dealing with one or more of the above topics or any other relevant issue. Interdisciplinary contributions as well as those coming from non-legal adjudicators or scholars are also welcome.

Visit https://www.transnational-dispute-management.com/news.asp?key=1626 for more information and contact details.

Related Resources

TDM TPP 2017   TDM Call for Papers: Special Issue on the Trans-Pacific Partnership Agreement (TPP)
AJHSS 11-12   Austrian Journal of Humanities and Social Sciences
ICAIL 2017   16th International Conference on Artificial Intelligence and Law
TDM (Africa) 2016   TDM Call for Papers: Special Issue on Int'l Arbitration involving Commercial and Investment Disputes in Africa
ESR - 11-12   European Science Review Journal 11-12/2016
CLaw 2017   Third International IEEE Workshop on Legal and Technical Issues in Cloud Computing and the Internet of Things
SI: Digital Forensics 2017   Call for Papers for Special Issue on Digital Forensics for IEEE S&P magazine
LPNMR 2017   14th International Conference on Logic Programming and Non-monotonic Reasoning
AKM 2017   Call for Book Chapters: Analytics and Knowledge Management (Taylor & Francis Group)
LRPP 2017   6th Annual International Conference on Law, Regulations and Public Policy (LRPP 2017)