CEU Electronic Theses and Dissertations, 2024
| Author | Janjalia Sophio |
|---|---|
| Title | Institutional Conflict of Interest in Arbitration - Georgian Reality |
| Summary | Institutional conflict of interest, (hereinafter “institutional conflict”) represents a relatively underexplored aspect of arbitration on a global scale. While instances of institutional conflicts may be increasingly prevalent today, the international legal community has yet to categorize specific circumstances as institutional conflicts, often associating them with general conflicts of interest. This research aims to shed light on the phenomenon of institutional conflict, particularly within the context of arbitration in Georgia, identifying it as a distinct form of conflict of interest, and providing similar problems on an international level for the comparison. The thesis explores the nature and various manifestations of institutional conflict, focusing on the associated risks and methods for assessing and preventing such conflicts. It highlights instances where institutional conflict undermines the impartiality and fairness of arbitration proceedings. Specifically, the thesis argues for the importance of establishing arbitration institutions as non-profit organizations, identifying significant drawbacks when these institutions operate on a for-profit basis. This legal structure often leads institutions to prioritize profit over their primary function of administering fair arbitration proceedings. The research emphasizes the need for robust arbitration institutions in Georgia, supported by examples from Georgian case law, statistics on arbitration within the context of institutional conflict, and notable cases of institutional malpractice in Georgia, such as issues in the public procurement of arbitration services and unfair consumer-arbitration clauses. By comparing international approaches to similar issues, the thesis provides valuable insights for addressing these problems in Georgia. It also demonstrates that such issues may be present in other jurisdictions, including the United States, the United Kingdom, and Russia. Additionally, the thesis examines useful approaches from the European Union to protect consumers in arbitration disputes and compares these with the Georgian approach. Despite the issue’s relevance beyond Georgia’s borders, there is a notable gap in scholarly investigation regarding potential institutional conflicts of interest in arbitration. This lack of academic exploration adds significance to the research, highlighting a globally pertinent problem that remains without a precise international or globally acknowledged definition. |
| Supervisor | Markus Aurel Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/janjalia_sophio.pdf |
Visit the CEU Library.
© 2007-2021, Central European University