The idea of arbitration / Jan Paulsson.
Material type: TextPublisher: Oxford, United Kingdom : Oxford University Press, 2013Copyright date: ©2013Edition: First editionDescription: xviii, 309 pages ; 24 cmContent type:- text
- unmediated
- volume
- 0199564167
- 9780199564163
- 0199564175
- 9780199564170
- 341.522 23
- K2400 .P38 2013
Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
---|---|---|---|---|---|---|---|
Book | City Campus City Campus Main Collection | 347.09 PAU (Browse shelf(Opens below)) | 1 | Available | A480204B |
Includes bibliographical references and index.
The impulse to arbitrate -- The legal foundations of arbitration -- Private challenges -- The public challenge -- Ethical challenges -- International challenges -- National public policy in the international environment : avoiding the chancellor's foot -- Arbitral authority to reject unlawful laws -- Images in a crystal ball.
Annotation What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.
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