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Author: Mikaël Schinazi
Publisher: Cambridge University Press
ISBN: 1108871747
Category : Law
Languages : en
Pages : 385
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Book Description
Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780–1920), the Age of Institutionalization (1920s–1950s), and the Age of Autonomy (1950s–present). Mikaël Schinazi analyzes the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history, and international law.
Author: Mikaël Schinazi
Publisher: Cambridge University Press
ISBN: 1108871747
Category : Law
Languages : en
Pages : 385
Get Book Here
Book Description
Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780–1920), the Age of Institutionalization (1920s–1950s), and the Age of Autonomy (1950s–present). Mikaël Schinazi analyzes the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history, and international law.
Author: Stephen M. Schwebel
Publisher: Cambridge University Press
ISBN: 0521768020
Category : Law
Languages : en
Pages : 355
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Book Description
Considers the vitality of the international arbitral process through an updated examination of three salient problems.
Author: João Ilhão Moreira
Publisher: Bloomsbury Publishing
ISBN: 1509962719
Category : Law
Languages : en
Pages : 217
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Book Description
This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators. The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.
Author: Nathalie Najjar
Publisher: BRILL
ISBN: 9004357483
Category : Law
Languages : en
Pages : 1340
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Book Description
Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Author: Stefan Kröll
Publisher: Cambridge University Press
ISBN: 1009302388
Category : Law
Languages : en
Pages : 3006
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Book Description
The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.
Author: Jan Paulsson
Publisher: OUP Oxford
ISBN: 0191620939
Category : Law
Languages : en
Pages : 331
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Book Description
What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.
Author: Grégoire Mallard
Publisher: Cambridge University Press
ISBN: 1107130913
Category : Business & Economics
Languages : en
Pages : 431
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Book Description
This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.
Author: Michael Reisman
Publisher: Kluwer Law International B.V.
ISBN: 9403523816
Category : Law
Languages : en
Pages : 730
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Book Description
The influential vision and work of the late Guillermo Aguilar Álvarez, one of the world’s leading arbitral innovators, have left the principles and practice of international arbitration with a rich legacy of insight and achievement. In this one-of-a-kind book, thirty-two prominent arbitrators and scholars consider the vital issues that concerned him and to which he often gave a new clarity. Each chapter addresses a cutting-edge issue of contemporary international arbitration, including the following: ethical standards for party representatives in international arbitration responsibilities of international arbitrators in the conduct of proceedings alternatives to investment arbitration corruption and “red flags” in international arbitration abuse of rights in restructuring to access investment protection foreign investment disputes under the United States–Mexico–Canada Agreement 2020 the illegality defense in investor-State arbitration arbitration and insolvency status of annulled awards in investment arbitration the arbitration ‘backlash’ The collection addresses, in depth, some of the most pressing technical and political considerations facing international arbitration today. Its focus will enable arbitrators and all whose work involves them in the arbitral process, as well as academics in the field, to equip themselves to address critical issues as they arise during the conduct of any international commercial or investment arbitration.
Author: Ugo Draetta
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 262
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Book Description
Author: Jan Paulsson
Publisher: Cambridge University Press
ISBN: 1108840698
Category : Law
Languages : en
Pages : 159
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Book Description
Challenges the claim to elevate the theory of abuse of rights to the status of a general principle of law.
