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The Oxford Handbook of International Arbitration

The Oxford Handbook of International Arbitration

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780198796190
  • Published In: September 2020
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,812.50

HKD 1,758.13 Save HKD 54.37 (3%)

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  • Description 
  • Contents 
  • Details

    This Handbook gives voice to many of the key scholars in international arbitration, and some of its leading practitioners, to present and discuss cutting-edge knowledge in the area. It reflects the different 'languages' used in the field, and offers the reader a one-stop-shop entry into the subject, and the ways in which international arbitration is discussed today.

    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.

  • 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 over Disputed Resources, 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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