the culture of international arbitration and the evolution of contract law

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The Culture Of International Arbitration And The Evolution Of Contract Law

Author : Joshua D H Karton
ISBN : 0199658005
Genre : Law
File Size : 58. 37 MB
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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.

The Culture Of International Arbitration And The Evolution Of Contract Law

Author : Joshua David Heller Karton
ISBN : OCLC:890150445
Genre :
File Size : 67. 86 MB
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The Evolution Of International Arbitration

Author : Leitner Professor of International Law Politics and International Studies Alec Stone Sweet
ISBN : 9780198739722
Genre :
File Size : 52. 6 MB
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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. The book provides a clear causal theory of judicialization using original data and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

Arbitration And Contract Law

Author : Neil Andrews
ISBN : 9783319271446
Genre : Law
File Size : 65. 96 MB
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This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.​

International Arbitration And Global Governance

Author : Walter Mattli
ISBN : 9780198716723
Genre : Political Science
File Size : 63. 84 MB
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This work reflects 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 Culture Of International Arbitration

Author : Won L. Kidane
ISBN : 9780199973927
Genre : Arbitration (International law)
File Size : 70. 68 MB
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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.

Digital Media Contracts

Author : Alan Williams
ISBN : 9780199562206
Genre : Law
File Size : 51. 90 MB
Format : PDF, Kindle
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Digital Media Contracts contains a collection of sample agreements, presenting annotated contracts from the digital media industry in typical formats for the industry. Included are agreements for digital downloads, user generated content, social networks, wireless apps and cloud computing. It goes beyond traditional precedents by giving practical, commercially-grounded commentary and background information to assist both readers intending to draft their own documents and those looking for hands-on guidance when reviewing standard form documents received from other parties. Lawyers working in the digital media industry, private practitioners and in-house lawyers will find this work especially useful. Its jurisdictional scope is primarily focused on the UK with comparative comments on similar agreements in the US, with input from lawyers based in the US. This comprehensive guide will provide practical support in the form of checklists and flow-charts, and will include additional supporting documents such as standard NDAs and sample Heads of Agreement.

Studies In International Law

Author : Frederick Alexander Mann
ISBN : STANFORD:36105044431216
Genre : Law
File Size : 57. 61 MB
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Foreign Affairs In English Courts

Author : Frederick Alexander Mann
ISBN : UOM:39015011336305
Genre : Conflict of laws
File Size : 62. 60 MB
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Considering the aspects of foreign affairs which arise in English court cases, this book treats questions regarding the relationship between international and domestic law, the sovereignty of the Crown, and the relationship between the Crown and the courts.

Concentrate Questions And Answers Contract Law

Author : Steve Wilson
ISBN : 9780198745235
Genre :
File Size : 42. 33 MB
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This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.

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