The Oxford Handbook of International Arbitration
Series: Oxford Handbooks;
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 September 2020
- ISBN 9780198796190
- Binding Hardback
- No. of pages1024 pages
- Size 253x178x54 mm
- Weight 2 g
- Language English 36
Categories
Short description:
This Handbook offers academics and practitioners a one-stop-shop entry into the subject of international arbitration, and the ways in which it is discussed today.
MoreLong description:
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions.
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.
There are a total of 38 chapters, with rich references to national and international cases, relevant legislation, bilateral and multilateral agreements, and pointers to further reading. The contributors are overwhelmingly academics, though there are a few legal practitioners as well. There is an assured place for this book a reference work, which means that it will find a ready home in many legal libraries around the world.
Table of Contents:
Arbitration Literature
Part I: Cornerstones
Arbitration and Law
Arbitral Jurisdiction
Appointment of Arbitrators
Transnational Public Policy in International Arbitration
Human Rights and International Investment Arbitration
Enforcement of awards
Inter-State arbitration
Part II: Actors
The Ethos of Arbitration
Marginals and Elites in International Arbitration
Mediators in Arbitration
Civil Society and International Investment Arbitration: Tracing the Evolution of Concern
The Control Over Knowledge by International Courts and Arbitral Tribunals
Part III
Efficiency. What Else? Efficiency as the Emerging Defining Value of International Arbitration: Between Systems Theories and Party Autonomy
Legal Certainty and Arbitration
International Arbitration as Private and Public Good
Investment Arbitration as Constitutional Law: Constitutional Analogies, Linkages, and Absences
The Environment and Investment Arbitration
The Multiple Forms of Transparency in International Investment Arbitration: Their Implications, and Their Limits
Arbitration and Offshore Resources in Disputed Maritime Areas
Part IV: Paradigms
International Arbitration: A Critical Private International Law Perspective
Arbitration: A Feminist Approach
The Arbitral Legal Order: Evolution and Recognition
Epistemic Communities in International Arbitration
Artificial Intelligence and Arbitration
Investment Treaty Arbitration as Justice Bubbles
Part V: Empirical Evidence
Empirical Findings on International Arbitration: An Overview
The Rule Of Law Effects Of Commercial Arbitration From A Socio-Legal Perspective
Investment Arbitration and Political Systems Theory
The Sociological Dimension Of International Arbitration: The Investment Arbitration Culture
The Politics of Investment Treaty Arbitration
Part VI: Perspectives
International Commercial Arbitration: The Creation Of A Legal Market
The Creation of Investor-State Arbitration
Energy Arbitrations
Interstate Arbitration: Five Moments
Arbitration From a Law and Economics Perspective
Arbitration and Literature
Arbitration in its Psychological Context: A Contextual Behavioral Account of Arbitral Decision-making
