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Practising virtue : inside international arbitration
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ISBN: 9780198739807 Year: 2015 Publisher: Oxford : Oxford university press,

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International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practise international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practise arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.


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Quality control in fact-finding
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ISBN: 9788293081784 Year: 2013 Volume: 19 (2013) Publisher: Florence : Torkel Opsahl Academic EPublisher,

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Judicative conciliation,
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Year: 1916 Publisher: Baltimore American Society for Judicial Settlement of International Disputes


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Tribunal secretaries in international arbitration
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ISBN: 0198835817 9780198835813 Year: 2019 Publisher: Oxford, United Kingdom : Oxford University Press,


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The culture of international arbitration
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ISBN: 9780199973927 0199361924 0199973938 Year: 2017 Publisher: New York, NY : Oxford University Press,

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This work 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 text 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.


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Politics of Force : Bargaining during International Crises
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ISBN: 1400879833 0691056404 0691648999 Year: 2015 Publisher: Princeton, NJ : Princeton University Press,

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Examining the Berlin crises of 1948-49 and 1961, the Taiwan Strait crisis of 1958, and the Cuban crisis of 1962, the author elucidates various intermediate and highly politicized forms of international coercion.Originally published in 1969.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


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The evolution of international arbitration : judicialization, governance, legitimacy
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ISBN: 9780198739739 9780198739722 0198739737 Year: 2017 Publisher: Oxford Oxford University Press

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"The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance"--Back cover


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Litigating international law disputes : weighing the options
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ISBN: 1139898442 113991412X 1139904388 113990244X 113906200X 1139910191 1139921932 1139918044 113990633X Year: 2014 Publisher: Cambridge, [England] ; New York, New York : Cambridge University Press,

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This book examines why states resort to international adjudication or arbitration for the resolution of their disputes.


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Transnational legality : stateless law and international arbitration
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ISBN: 0191747793 0191511277 Year: 2014 Publisher: Oxford : Oxford University Press,

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International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.

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