| Description |
1 online resource (312 pages) |
| Contents |
Cover; Title Page; Copyright Page; Dedication; Contents; Table of Cases; Table of Legislation; Judicial and Arbitral Decisions Cited; Decisions of National Courts; Decisions of International Judicial Tribunals; International Arbitral Awards; Table of Abbreviations; 1. Introduction; I. Background; II. Methodology and Structure; I.A Cultural Theory of International Arbitral Decision-Making; 2. Studying International Arbitral Culture; I. Introduction; II. The Nature and Importance of Culture; III. The Current State of International Arbitral Culture; IV. Methodology; V. Conclusion |
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3. Norms Arising from the Institutional Structure of International Commercial ArbitrationI. Introduction; II. Sources of and Constraints on Arbitral Authority; III. The Professional Context of Arbitration; IV. International Commercial Arbitration as a Competitive Marketplace; V. Conclusion; 4. Norms Arising from the Values Shared by International Commercial Arbitrators; I. Introduction; II. Party Autonomy; III. The Service of Business; IV. Neutrality; V. Internationalism; VI. Conclusion; II. International Arbitration Culture and Contract Law |
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5. Substantive Law Determinations in International Commercial Arbitration: The Legal RulesI. Introduction; II. Application of Different Rules of Law in International Arbitration and National Court Litigation; III. Ascertainment of the Content of the Governing Law; IV. Conclusion; 6. Case Study 1: Suspension of Performance; I. Introduction; II. The Remedy of Suspension of Performance; III. Suspension of Performance in Comparative Context; IV. Suspension of Performance in International Commercial Arbitration; V. Conclusion; 7. Case Study 2: The Interpretation of Contracts; I. Introduction |
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II. Contractual Interpretation in Comparative ContextIII. Contractual Interpretation in International Commercial Arbitration; IV. Conclusion; 8. The Future of Contract Law; Appendix I: Semi-Structured Interview Template; Bibliography; Index; Footnotes |
| Summary |
This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners from a range of jurisdictions, as well as published arbitral awards, the writings of international arbitrators, and available statistical data on international arbitration, it presents a comparativeanalysis of arbitral and judicial responses to contract law issues. Part I develops a theory of arbitral decision-mak |
| Notes |
Print version record |
| Subject |
International commercial arbitration.
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International commercial arbitration -- Cases
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Contracts (International law)
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Contracts (International law) -- Cases
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Contracts (International law)
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International commercial arbitration
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| Genre/Form |
Trials, litigation, etc.
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| Form |
Electronic book
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| ISBN |
9780191632587 |
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0191632589 |
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