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Towards a Science of International Arbitration

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Release : 2005-01-01
Genre : Law
Kind : eBook
Book Rating : 229/5 ( reviews)

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Book Synopsis Towards a Science of International Arbitration by : Christopher R. Drahozal

Download or read book Towards a Science of International Arbitration written by Christopher R. Drahozal. This book was released on 2005-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time. Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings: why parties agree to arbitrate; arbitration clauses; arbitral procedures; arbitrator selection; rules of decision and applicable law; and, arbitration awards. Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.

International Arbitration

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Release : 2020-01-23
Genre : Law
Kind : eBook
Book Rating : 020/5 ( reviews)

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Book Synopsis International Arbitration by : Stephen M. Schwebel

Download or read book International Arbitration written by Stephen M. Schwebel. This book was released on 2020-01-23. Available in PDF, EPUB and Kindle. Book excerpt: Considers the vitality of the international arbitral process through an updated examination of three salient problems.

International Dispute Resolution

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Release : 1998-01-01
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Kind : eBook
Book Rating : 615/5 ( reviews)

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Book Synopsis International Dispute Resolution by : Albert Jan van den Berg

Download or read book International Dispute Resolution written by Albert Jan van den Berg. This book was released on 1998-01-01. Available in PDF, EPUB and Kindle. Book excerpt:

Towards a Uniform International Arbitration Law?

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Release : 2012-04-01
Genre : Law
Kind : eBook
Book Rating : 675/5 ( reviews)

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Book Synopsis Towards a Uniform International Arbitration Law? by : Emmanuel Gaillard

Download or read book Towards a Uniform International Arbitration Law? written by Emmanuel Gaillard. This book was released on 2012-04-01. Available in PDF, EPUB and Kindle. Book excerpt: The growing acceptance of the concept of transnational rules, be they substantive or procedural, has directly contributed to a substantial decrease of the influence of local norms. Transnational principles often override domestic law, and the arbitral process sometimes takes precedence over court decisions. Moreover, the exceptional development of investment arbitration has called into question traditional values of commercial arbitration such as confidentiality and the privity of arbitral proceedings. Widespread publication of awards rendered has also rejuvenated the debate on the value of arbitral awards as precedents. This book critically explores the extent to which these phenomena contribute to the creation of a truly uniform international arbitration law.

Legal Theory of International Arbitration

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Release : 2010-05-03
Genre : Law
Kind : eBook
Book Rating : 154/5 ( reviews)

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Book Synopsis Legal Theory of International Arbitration by : Emmanuel Gaillard

Download or read book Legal Theory of International Arbitration written by Emmanuel Gaillard. This book was released on 2010-05-03. Available in PDF, EPUB and Kindle. Book excerpt: Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

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