Culture of International Arbitration
Author | : Kidane |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : 9780199361922 |
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Author | : Kidane |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : 9780199361922 |
Author | : Won Kidane |
Publisher | : Oxford University Press |
Total Pages | : 337 |
Release | : 2017 |
Genre | : Law |
ISBN | : 019997392X |
This book offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome.
Author | : Won L. Kidane |
Publisher | : Oxford University Press |
Total Pages | : 337 |
Release | : 2017-02-24 |
Genre | : Law |
ISBN | : 0190667427 |
Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.
Author | : Joshua D H Karton |
Publisher | : OUP Oxford |
Total Pages | : 0 |
Release | : 2013-03-07 |
Genre | : Law |
ISBN | : 9780199658008 |
Examining a developing culture of international commercial arbitration and the implications for the evolution of contract law, this book includes case studies and analysis from interviews with international arbitrators and national court judges, and identifies trends to explain and predict arbitration decisions on issues of substantive law.
Author | : Eric E. Bergsten |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 882 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 9041135227 |
Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.
Author | : Walter Mattli |
Publisher | : OUP Oxford |
Total Pages | : 263 |
Release | : 2014-07-18 |
Genre | : Political Science |
ISBN | : 0191026131 |
Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.
Author | : A. J. van den Berg |
Publisher | : Springer |
Total Pages | : 292 |
Release | : 1998-03-06 |
Genre | : Law |
ISBN | : |
In ICCA's eighth Congress Series, international experts, professionals and practitioners in the field of arbitration examine the topic of the culture of international arbitration. ICCA's 1996 Seoul Conference, hosted by the Korean Commercial Arbitration Board, addressed four questions: is there a growing international arbitration culture? is there an expanding culture that favours combining arbitration, conciliation or other dispute resolution procedures? to what extent do arbitrators in international cases disregard the bag and baggage of national systems? and when and where do national courts reflect an international culture when deciding issues relating to international arbitration'.
Author | : Joshua David Heller Karton |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : |
ISBN | : |
Author | : Shahla F. Ali |
Publisher | : Edward Elgar Publishing |
Total Pages | : 313 |
Release | : 2022-11-04 |
Genre | : Law |
ISBN | : 1803920041 |
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Author | : Valentina Vadi |
Publisher | : Cambridge University Press |
Total Pages | : 379 |
Release | : 2014-03-13 |
Genre | : Law |
ISBN | : 1107038480 |
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.