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Book
The culture of international arbitration
Author:
ISBN: 9780199973927 0199361924 0199973938 0190667427 019997392X Year: 2017 Publisher: New York, NY : Oxford University Press,

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Abstract

This work offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The text provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome.


Book
The evolution of international arbitration : judicialization, governance, legitimacy
Authors: ---
ISBN: 9780198739739 9780198739722 0198739737 Year: 2017 Publisher: Oxford Oxford University Press

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"The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance"--Back cover


Book
Transnational legality
Author:
ISBN: 0191747793 0191511277 0191511285 9780191511271 0199641951 9780199641956 Year: 2014 Publisher: Oxford

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Abstract

International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.


Book
Guerra y paz : la sociedad internacional entre el conflicto y la cooperación
Authors: --- ---
ISBN: 8490316872 9788490316870 9788490314265 8490314268 Year: 2013 Publisher: Madrid : Dykinson,


Book
Politics of Force
Author:
ISBN: 0691648999 1400879833 9781400879830 9780691622163 9780691056401 Year: 2015 Publisher: Princeton, NJ

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Abstract

Examining the Berlin crises of 1948-49 and 1961, the Taiwan Strait crisis of 1958, and the Cuban crisis of 1962, the author elucidates various intermediate and highly politicized forms of international coercion.Originally published in 1969.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


Periodical
Asian international arbitration journal : AIAJ.
Author:
ISSN: 18756549 Year: 2005 Publisher: Singapore : LexisNexis : SIAC


Book
Yearbook. : commercial arbitration
Authors: ---
ISBN: 9041142991 9041133674 Year: 2011 Publisher: Alphen aan den Rijn, The Netherlands : Kluwer Law International,


Book
Yearbook commercial arbitration : volume xl 2015
Authors: ---
ISBN: 9041159479 9041159452 Year: 2016 Publisher: Alphen aan den Rijn, Netherlands : Kluwer Law International,


Book
Yearbook commercial arbitration.
Authors: ---
ISBN: 9403520353 9403520337 Year: 2020 Publisher: Alphen aan den Rijn, The Netherlands : Kluwer Law International B.V.,


Book
The future of investment treaty arbitration in the eu : intra-eu bits, the energy charter treaty, and the multilateral investment court
Authors: ---
ISBN: 9403512814 9403512857 9403512938 Year: 2020 Publisher: Alphen aan den Rijn, Netherlands : Kluwer Law International,

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Abstract

In March 2018, the Court of Justice of the European Union (EU) ruled in Achmea that investor-state dispute resolution provisions in intra-EU bilateral investment treaties (BITs) are incompatible with EU law and ipso facto invalid. In January 2019, EU Member States issued Declarations on the Legal Consequences of the Judgment in Achmea undertaking to take steps formally to terminate intra-EU BITs. However, at present, there is no consensus among them on the implications of Achmea on the Energy Charter Treaty, the multilateral energy treaty to which the EU and its Member States are all parties. Many EU law scholars consider the Achmea judgment as the death knell to intra-EU investment treaty arbitrations. Some have even predicted the end of Investor-State Dispute Settlement itself. Investment treaty and public international law scholars and legal practitioners, however, have a different view of the schism now growing between EU and international law. 'The Future of Investment Treaty Arbitration in the EU' examines the current and the proposed new framework for investment protection in the EU and internationally, with a particular focus on investment treaty arbitration and energy-related investments.

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