Arbitration of International Business Disputes
Studies in Law and Practice
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 20 September 2012
- ISBN 9780199657131
- Binding Hardback
- No. of pages902 pages
- Size 248x175x55 mm
- Weight 1708 g
- Language English 0
Categories
Short description:
A collection of the most timeless articles on business dispute resolution from the eminent scholar and renowned arbitrator, William W. (Rusty) Park, this new edition adds significant material to the existing collection, which has been fully updated and revised.
MoreLong description:
Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes.
The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion.
The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms.
Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.
This book is extremely well researched with detail and usefull footnotes and highly detailed tables of cases and other legal resources relevant to the field. It is an accurate and complete reference pertaining to the field of international arbitration. ^iArbitration of International Business Disputes^r is a formidable work.
Table of Contents:
I. The Nature of International Business Arbitration
Change and Continuity: The Maturing of Arbitration
Arbitrator Integrity
Arbitration and Accuracy
The Politics of Arbitration
Arbitration s Procedural Matrix
II. Legal Framework: Courts, Statutes and Treaties
A. Arbitral Jurisdiction
Who Decides What? A Comment on Lesotho Highlands
The Arbitrability Dicta in First Options
The Contours of Arbitral Jurisdiction
Private Adjudicators and the Public Interest
The Arbitrator s Jurisdiction to Determine Jurisdiction
Non-Signatories and International Contracts
B. Judicial Supervision
Quis Custodiet Ipsos Custodes?
Why Courts Review Arbitral Awards
The Arbitral Situs and Lex Loci Arbitri
Saving the FAA
C. The Effect of Annulment
What is to be Done with Annulled Awards?
Duty and Discretion in International Arbitration
D. The Architecture of Arbitration
The Interaction of Courts and Arbitrators in England
Amending the Federal Arbitration Act
National Constraints on International Arbitration
The International Currency of Awards
Convention Violations and Investment Claims
Treaty Obligations and National Law
E. The Contractual Context
A Cautionary Tale About Hometown Justice
The Arbitration Clause: Drafting Considerations
III. Arbitral Proceedings: Establishing the Facts and Applying the Law
A. Counterpoise Between Fairness and Efficiency
Arbitration s Discontents: Of Elephants and Pornography
The Value of Rules and the Risks of Discretion
Two Faces of Progress
The Four Musketeers of Arbitral Duty
B. Substantive Norms
National Law and Commercial Justice
Neutrality, Predictability and Economic Cooperation
Lex Mercatoria
Rules and Standards in Private International Law
The Uses of Comparative Law in Arbitration
Framing the Case on Quantum
C. Procedural Norms
The Procedural Soft Law of International Arbitration
Procedural Default Rules Revisited
IV. Selected Issues for Further Study
A. Financial Transactions
Arbitration in Banking and Finance
Mass Claims and Dormant Swiss Accounts
B. Intellectual Property
Betting the Family Jewels: Intellectual Property
C. Taxation
Arbitrability and Tax
D. Investment Arbitration
The Challenge of Sovereignty
The New Face of Investment Arbitration
Legal Issues in the Third World s Economic Development
E. Comparing Arbitration and Court Selection
The Hague Choice of Court Convention
Bridging the Gap in Forum Selection
When and Why Arbitration Matters
Index
