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The Idea of Arbitration by Jan Paulsson
The Idea of Arbitration by Jan Paulsson
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The Idea of Arbitration

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The Idea of Arbitration

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Description

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 exlores 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.

Author Biography:

Jan Paulsson holds the Michael Klein Distinguished Scholar Chair at the University of Miami School of Law, and frequently acts as advocate or arbitrator in international disputes. For 20 years, he headed the international arbitration and public international law groups at the law firm Freshfields.
Release date NZ
November 21st, 2013
Author
Audiences
  • Postgraduate, Research & Scholarly
  • Professional & Vocational
  • Undergraduate
Pages
332
Dimensions
157x234x19
ISBN-13
9780199564170
Product ID
10396680

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Books >
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Law >
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Legal procedure: arbitration
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International law
Books >
Non-Fiction >
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Settlement of international disputes
Books >
Non-Fiction >
Professional & Technical >
Law >
International law >
Settlement of international disputes >
International arbitration
Books >
Non-Fiction >
Professional & Technical >
Law >
Laws of Specific jurisdictions >
Legal system: general >
Civil procedure, litigation & dispute resolution >
Arbitration, mediation & alternative dispute resolution