The Oxford Handbook of International Arbitration
Författare:Schultz Thomas , Ortino Frederico , red.
Titel:The Oxford Handbook of International Arbitration
Omfång:1024 sid.
Förlag:Oxford University Press
Typ av verk:Samlingsverk
Serie:Oxford Handbooks
Ämnesord:Processrätt , Internationell rätt

Pris: 1870 SEK exkl. moms


This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions.

The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

- A team of leading experts from across academia and practice provide an authoritative account of international arbitration

- Discussion ranges from the praciticalities of how arbitration technically works, to big picture analysis of the forces that underpin the subject

- Provides a nuanced account which is neither for nor against arbitration, with insights from history, sociology, literature, and economics

Table of Contents:

1:Arbitration Literature, Thomas Schultz and Niccolò Ridi

Part I: Cornerstones

2:Arbitration and Law, William W. Park
3:Arbitral Jurisdiction, Alex Mills
4:Appointment of Arbitrators, Jan Paulsson
5:Transnational Public Policy in International Arbitration, Stavros Brekoulakis
6:Human Rights and International Investment Arbitration, Ursula Kriebaum
7:Enforcement of awards, Andrea K. Bjorklund
8:Inter-State arbitration, V.V. Veeder

Part II: Actors

9:The Ethos of Arbitration, Thomas Schultz
10:Marginals and Elites in International Arbitration, Florian Grisel
11:Mediators in Arbitration, Jacqueline Nolan-Haley
12:Civil Society and International Investment Arbitration: Tracing the Evolution of Concern, Nathalie Bernasconi, Martin Dietrich Brauch, and Howard Mann
13:The Control Over Knowledge by International Courts and Arbitral Tribunals, Jean d'Aspremont

Part III

14:Efficiency. What Else? Efficiency as the Emerging Defining Value of International Arbitration: Between Systems Theories and Party Autonomy, Loukas Mistelis
15:Legal Certainty and Arbitration, Frédéric Bachand and Fabien Gélinas
16:International Arbitration as Private and Public Good, Ralf Michaels
17:Investment Arbitration as Constitutional Law: Constitutional Analogies, Linkages, and Absences, David Schneiderman
18:The Environment and Investment Arbitration, Makane Moïse Mbengue and Deepak Raju
19:The Multiple Forms of Transparency in International Investment Arbitration: Their Implications, and Their Limits, David Caron and Esme Shirlow
20:Arbitration and Offshore Resources in Disputed Maritime Areas, Tibisay Morgandi

Part IV: Paradigms

21:International Arbitration: A Critical Private International Law Perspective, Horatia Muir Watt
22:Arbitration: A Feminist Approach, Hélène Ruiz Fabri and Edoardo Stoppioni
23:The Arbitral Legal Order: Evolution and Recognition, Emmanuel Gaillard
24:Epistemic Communities in International Arbitration, Andrea Bianchi
25:Artificial Intelligence and Arbitration, Myriam Gicquello
26:Investment Treaty Arbitration as Justice Bubbles, Anil Yilmaz Vastardis

Part V: Empirical Evidence

27:Empirical Findings on International Arbitration: An Overview, Christopher R. Drahozal
28:The Rule Of Law Effects Of Commercial Arbitration From A Socio-Legal Perspective, Thomas Dietz
29:Investment Arbitration and Political Systems Theory, Cédric Dupont, Thomas Schultz, and Jason Yackee
30:The Sociological Dimension Of International Arbitration: The Investment Arbitration Culture, Moshe Hirsch
31:The Politics of Investment Treaty Arbitration, Lauge N. Skovgaard Poulsen

Part VI: Perspectives

32:International Commercial Arbitration: The Creation Of A Legal Market, Yves Dezalay and Bryant G. Garth
33:The Creation of Investor-State Arbitration, Taylor St John
34:Energy Arbitrations, Elena Cima
35:Interstate Arbitration: Five Moments, Alexis Keller
36:Arbitration From a Law and Economics Perspective, Anne van Aaken and Tomer Broude
37:Arbitration and Literature, François Ost
38:Arbitration in its Psychological Context: A Contextual Behavioral Account of Arbitral Decision-making, Tony Cole and Pietro Ortolani

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