The Idea of Arbitration

— —

Jan Paulsson (Holder of Michael Klein Distinguished Scholar Chair, University of Miami)

The Idea of Arbitration

Jan Paulsson (Holder of Michael Klein Distinguished Scholar Chair, University of Miami)

$142.95

Paperback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford University Press
21 November 2013

International law; Settlement of international disputes; International arbitration; Arbitration, mediation & alternative dispute resolution

Series: Clarendon Law Series

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.

By: Jan Paulsson (Holder of Michael Klein Distinguished Scholar Chair University of Miami)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 157mm, Spine: 19mm
Weight: 508g
ISBN: 9780199564170
ISBN 10: 0199564175
Series: Clarendon Law Series
Pages: 332
Publication Date: 21 November 2013
Audience: College/higher education , Professional and scholarly , A / AS level , Further / Higher Education
Format: Paperback
Publisher's Status: Active

1: Arbitral Omnipotence? 1.1: The magic of arbitration 1.2: The generous impulse 1.3: What is a successful arbitration? 1.4: What law creates arbitration? 1.5: What law does arbitration create? 2: The public challenge 2.1: The old debate: contractual or judicial? 2.2: A better premise: sui generis 2.3: Protecting the weak 2.4: Arbitrability 2.5: Public policy 3: Private challenges: disappointed litigants 3.1: Authority to decide jurisdiction 3.2: Jurisdiction v. admissibility 3.3: Severability 3.4: The right to be heard 3.5: Asymmetries 4: Private challenges: third parties 4.1: Beneficiaries or obligors in contract 4.2: Members of associations 4.3: Shareholders 4.4: Creditors 5: Ethical challenges 5.1: Money 5.2: Influence 5.3: Self-aggrandizement 5.4: Fitness to serve 6: International challenges 6.1: Clashes of culture 6.2: Inherent inequality of the parties 6.3: Inherent advantages of some parties 6.4: Private power v. the public interest? 7: Arbitration unbound? 7.1: The erosion of state power 7.2: The power vacuum filled 7.3: A fluid legal universe 7.4: Is this law? 8: Freedom and empowerment 8.1: Self-governance 8.2: Virtuous circles 8.3: The future

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.

Reviews for The Idea of Arbitration

Regardless of whether it is characterized as theoretical or practical, if the measure of any book is whether it is rigorous in approach, illuminates its subject with fresh ideas, and compels you to re-examine what you took for granted, then this gracefully written book is exemplary ... it is analytical and rigorous in its approach, rather than anecdotal and platitudinous ... I highly recommend this important book. It is destined to be read and deliberated over for many years to come. John Fellas, Arbitration International